The Health Ministry said yesterday that the government would carry on providing insurance cover for its employees but made it clear this did not cover cases of criminal responsibility.
However, the nurses’ union, which has raised concerns over professional liability insurance for healthcare professionals, insisted this did not resolve the issue and objected to its members being asked to refund any damages paid through the indemnity.
The ministry explained that EU regulations on the application of patients’ rights in cross-border healthcare required each EU member state to ensure that systems of professional liability insurance or equivalent arrangements were in place for treatment to patients provided in their territory.
Healthcare professionals in the 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.
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, the ministry said.
In the case of healthcare professionals working within the public healthcare system, 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 [EU] directive will therefore not impose any new requirement on doctors, nurses and other healthcare professionals working in the public healthcare system of Malta.”
It pointed out that the directive had nothing to do with criminal liability. Criminal responsibility for criminal behaviour fell outside the scope of the directive and nothing at all had changed in that respect.
However, the nurses’ union boss, Paul Pace, told Times of Malta that the union still had not reached agreement with the government over a clause on the indemnity insurance whereby workers could be asked to refund civil damages paid through the insurance.
Mr Pace said 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 wanted to know specifically where the government was reserving the right to recoup any damages that may have been paid.
He said the ministry’s statement gave the impression that the issue had been resolved when it had not.
The clause it is opposing reads: “In cases where nurses and midwives commit an act which constitutes a crime on a person or property, the government will assume full responsibility for such behaviour, but reserves the right to recuperate any damages it may be faced with from the nurses and midwives concerned, including expenses related to civil cases.”
Mr Pace asked: “What is the point of having indemnity insurance and having it paid by the government if the same government will then reserve the right to ask nurses and midwives for refunds.”