Question:

Are consultants covered by the Clinical Indemnity Scheme if they perform un-rostered overtime at weekends to complete clinical work which they were unable to complete during normal working hours?

Answer:

Yes, consultants undertaking un-rostered overtime to catch up on clinical work are covered by the Clinical Indemnity Scheme in these circumstances. The indemnity is provided on an "Enterprise Liability" basis. This offers indemnity for the acts or omissions of the State authority's practitioners, provided the practitioners are acting with the authority and consent of the State authority.

Question:

Are HSE healthcare staff responding in their workplace to medical emergencies involving individuals who are not HSE service users, such as visitors or passersby, covered as ‘Good Samaritans’ under the Clinical Indemnity Scheme in these cases?

Answer:

Yes. HSE staff are covered by the Clinical Indemnity Scheme when responding as “Good Samaritans” in such cases. The Clinical Indemnity Scheme covers personal injury claims against staff employed by agencies, covered by the scheme, who provide care or treatment in emergencies within the island of Ireland. Good Samaritan Acts outside the island of Ireland are not covered.

The above cover does not extend to informal non-emergency diagnosis, treatment or prescribing for families, friends, colleagues, or sporting clubs other than in the context of a formal attendance for treatment at an agency covered by the scheme.

In each response, 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.