Eligibility for a medical card is determined primarily on means by the HSE. I understand that in certain instances, where an infant is born with a catastrophic injury, such as HIE – Hypoxic Ischaemic Encephalopathy – and the infant is subsequently eligible for a Domiciliary Care Allowance (DCA) payment by the Department of Social Protection, the infant is automatically eligible for a medical card which is issued by the HSE. The individual concerned retains this card irrespective of a change in means, once in receipt of a DCA payment.
As part of the settlement negotiations between parties and the State Claims Agency, decisions on eligibility for a medical card are often dealt with on a case by case basis.
The State Claims Agency has informed me that, where relevant, the Agency attempts, in catastrophic injury cases managed by it, to exclude from the special damages assessment those services which are already provided for in the medical card so that there is no double payment, thus allowing the child and his/her family to retain the medical card and the services it provides. In such circumstances, the State Claims Agency will formally notify the HSE that services which are already provided for in the medical card are not part of the settlement and should continue.
The principle underlying the payment of damages in personal injury cases, such as those described above, is known as the restitutio in integrum principle which means putting the injured person, in so far as is possible, in the position he/she would have been but for the event giving rise to the injury.
