The Health Ministry said today that the government will continue to provide insurance cover for those it employs in the health service.
"Nothing has changed in this respect, and the current system and procedures will be maintained" it said,
The ministry issued a statement to address concerns concerning professional liability insurance for health care professionals.
It explained that EU regulations on the application of patients’ rights in cross-border healthcare requires each Member State of the European Union to ensure that systems of professional liability insurance or equivalent arrangements were in place for treatment to patients provided in their territory.
The directive was enacted on March 9, 2011. Like all the other Member States, Malta was obliged to transpose and give effect to this Directive by 25 October 2013.
Healthcare professionals in private sector, who include doctors, pharmacists, allied health care professionals and nurses, are required to ensure that they are covered by a professional indemnity insurance which is appropriate to the nature and extent of the risk which they undertake when providing healthcare services to patients.
Such insurance policies are meant to ensure that in the event of a claim for civil damages, the healthcare professional is covered up to the agreed sum indicated in the policy.
In the case of healthcare professionals providing healthcare services within the public healthcare system of Malta, the government will continue to provide cover for civil damages itself.
"Nothing has changed in this respect, and the current system and procedures will be maintained. The Directive will therefore not impose any new requirement on doctors, nurses and other healthcare professionals working in the public healthcare system of Malta," the ministry said.
It pointed out that the EU directive has nothing to do with criminal liability. Criminal responsibility for criminal behaviour falls outside the scope of the directive. Nothing at all has changed in this respect.
UNION SEEKING CLARIFICATIONS
In reaction, the Malta Union of Midwives and Nurses said it still had not reached any agreement with the government over a clause in the indemnity insurance whereby workers could be asked to refund civil damages paid through the insurance.
President Paul Pace told timesofmalta.com that the union had met the authorities earlier this week to discuss the issue but it was still waiting for the clarifications it had requested.
He said the union wants to know exactly the specific case where the government is reserving the right to recoup any damages it would have paid through the insurance from the nurses and midwives concerned, including expenses related to civil cases.
He said the Health Ministry statement gave the impression that the issue had been resolved when it has not.