In this edition of Indemnity Corner, Marie Hutton, Solicitor/Clinical Risk Legal Advisor, provides advice on some common indemnity queries received by our Clinical Risk Unit.
Question 1:
A member of clinical staff is participating in a fellowship program in another country while contracted to the HSE. Will fellowship participants be covered by the Clinical Indemnity Scheme while they are working abroad?
Answer:
No. The Clinical Indemnity Scheme does not extend beyond Ireland, save where a medical team is accompanying a patient for handover to a hospital outside the jurisdiction of Ireland.
Question 2:
A member of clinical staff, appropriately qualified, offered to run a mindfulness course to clinical personnel in the hospital, would they be covered under the Clinical Indemnity Scheme?
Answer:
No. This is not the provision of professional medical services and so the member of clinical staff will not be covered under the Clinical Indemnity Scheme for this purpose.
Question 3:
A dentist is coming to work in the HSE on a temporary basis. Will they be covered under the Clinical Indemnity Scheme?
Answer:
Once the dentist is acting with the authority and consent of the HSE, the dentist will be covered under the Clinical Indemnity Scheme for the provision of professional medical services.
In each case, the relevant legislation is Statutory Instrument (S.I.) 63/2003 – National Treasury Management Agency (Delegation of Functions) Order 2003 and S.I. 628/2007 National Treasury Management Agency (Delegation of Functions) (Amendment) Order 2007.
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Clinical Risk Insights
View more articles from the latest edition of Clinical Risk Insights by the State Claims Agency.