Tuesday, 2 July 2019

Questions (397)

Seán Haughey

Question:

397. Deputy Seán Haughey asked the Minister for Health the reason the State is appealing the recent High Court ruling in respect of a case (details supplied); and if he will make a statement on the matter. [27599/19]

View answer

Written answers (Question to Health)

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSA’s) including the Health Service Executive.

The particular case is being managed by the State Claims Agency on behalf of the HSE.

The High Court found that the HSE was entitled to an indemnity from the two laboratories in respect of the Court’s finding that their examination of the two smear test results had been negligent . The HSE is appealing the Court’s findings against it that it had a primary and vicarious liability, findings which the HSE believes has far-reaching implications for the State well beyond the particular case.

Given the importance of screening, and other diagnostic testing in general, the HSE will also appeal the Court’s finding of the Absolute Confidence test which has caused considerable disquiet amongst screening and other medical practitioners. However, the Taoiseach and I have confirmed the award to Ms Morrissey will not be affected by the outcome of the appeal.