Seanad debates

Thursday, 20 November 2003

Personal Injuries Assessment Board Bill 2003: Second Stage.

 

It has been pointed out that if a case which has been before the board goes to court, the insurance company will have full knowledge of the other side's position. While I do not wish to address the point in detail, I refer Members to a recent judgment of Mr. Justice King concerning personal injuries actions. It was reported in The Irish Times law report on 13 October. Mr. Justice King said that a plaintiff who sues for damages for personal injuries by implication necessarily waives the right of privacy which he would otherwise enjoy in relation to his medical condition. Access to all medical records becomes available when proceedings are initiated. It is not true to say that a person who goes to the PIAB will necessarily disclose his or her case. The board will only consider what has happened and the person's medical condition. Information on that condition is the first thing available to lawyers anyway. There is nothing new in that.

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