Question NW417 to the Minister of Health
08 March 2024 - NW417
Hicklin, Ms MB to ask the Minister of Health
What are the details of the medico-legal insurance that peri-operative nursing staff in training enjoy (a) during the completion of all the various stages of their training and (b) after they complete their training?
Reply:
a) All nurses whether undergraduate or post graduate students or qualified, are enjoy vicarious liability cover by working in public health establishments. Vicarious liability is a legal principle that holds employers responsible for the wrongful actions of their employees. This implies that when the employee commits a wrongful act whils acting withn the course of and scope of their employment, the employer can be held liable for damages caused by the employee. The nursing staff in training who performs duties for the state are therefore employees and they are not personally liable for any wrongful act committed whilst so employed as part of their training. The deciding factor is whether or not the individual acted in course of and within the scope of their employment.
b) While indemnity cover is not required as a pre-requisite for employment, nurses are advised to take indemnity cover to protect them in the event they are sued in their personal capacity. This can be obtained by way of associations, union and or private.
END.