Question 1:

A service user who is a resident in a Section 39 organisation in Co. Louth, with which the HSE have a Service Level Agreement, would like to travel for short trips to Northern Ireland. If the service user becomes ill and has to attend a hospital in Northern Ireland, would their care be covered by the Clinical Indemnity Scheme?

Answer:

The Clinical Indemnity Scheme would not cover the provision of medical services by hospitals in Northern Ireland. Further to the provisions of Statutory Instrument (S.I.) 63 of 2003 – National Treasury Management Agency (Delegation of Functions) Order, 2003, the State offers indemnity for the provision of professional medical services within the Republic of Ireland. For the avoidance of doubt the Clinical Indemnity Scheme only applies to Good Samaritans Acts and the transfer of patients in Northern Ireland.

Question 2:

A medical student studying in a medical school in Bulgaria has been given an opportunity to undertake an observing elective placement in a public acute hospital during the months of July and August. Will their placement be covered by the Clinical Indemnity Scheme?

Answer:

The Clinical Indemnity Scheme will provide cover for the provision of professional medical services by the student once they are acting with the authority and consent of the hospital, and once the hospital is covered by the Clinical Indemnity Scheme. The Clinical Indemnity Scheme operates on an Enterprise Liability basis where indemnity is offered for the acts or omissions of the enterprise/hospital/clinic/clinical practitioners, provided the practitioner is acting with the authority and consent of the Enterprise/hospital/clinic.

The relevant legislation is Statutory Instrument (S.I.) 63/2003 – National Treasury Management Agency (Delegation of Functions) Order 2003.

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