Michael Healy-Rae (Kerry, Independent)
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1099. To ask the Minister for Health the status of a case (details supplied); and if he will make a statement on the matter. [24666/16]

Simon Harris (Wicklow, Fine Gael)
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I have met with the parents of the patient concerned and my officials remain in contact with the family. Decisions on the most appropriate treatment for any patient or client of the health service must be made by the patient, or the patient’s representatives, in consultation with their treating clinician(s). I do not have the authority to direct an individual practitioner as to how they should treat a patient under their care.

On the general issue of indemnity in relation to treating a patient, the Clinical Indemnity Scheme (CIS) is the main scheme under which the State Claims Agency manages all clinical negligence claims taken against healthcare enterprises, hospitals and clinical, nursing and allied healthcare practitioners covered by the scheme.

The CIS provides indemnity to hospitals/ enterprises and, vicariously, practitioners in respect of a suit for personal injuries brought by a person alleging negligence, statutory or at common law, in respect of the provision of, or failure to provide, professional medical services. State indemnity does not extend to individual preparations or products.

CIS cover applies equally to the prescription/use of licensed and unlicensed medicinal products (including the off-licence use of licensed medicinal products) providing the latter is used with the express consent of the enterprise’s management. It is a policy issue for the hospital/enterprise, and any regulatory body whether or not to sanction the use of unlicensed medicines.