In this edition of Indemnity Corner, Marie Hutton, Clinical Risk Legal Advisor, provides advice to a visiting consultant providing medical services at another hospital.
Hospital A plans to put in place an arrangement for a consultant from Hospital B to attend the hospital in order to run a specialist clinic. Both hospitals are covered by the Clinical Indemnity Scheme.
Will the visiting consultant be covered by the Clinical Indemnity Scheme which is managed by the State Claims Agency.
State indemnity for clinical claims is managed and operated by the State Claims Agency through the Clinical Indemnity Scheme. State authorities for the purposes of the Clinical Indemnity Scheme are primarily the HSE and organisations in the voluntary health and social care sector, to which the Minister for Health has provided an indemnity in respect of clinical claims.
Under the Clinical Indemnity Scheme, State authorities assume vicarious liability for their employees’ alleged clinical negligence, provided the clinicians, nurses and other healthcare employees are acting with the authority and consent of the health and social care service. This principle is known as “enterprise liability”.
As the visiting consultant is acting with the authority and consent of Hospital A, the consultant will be covered by the Clinical Indemnity Scheme while providing professional medical services in the hospital.
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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