Personal injury claim/medical expenses/medical card question

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2.—(1) Where—

(a) injury is caused to a person by the negligent use of a mechanically propelled vehicle in a public place, and

(b) in-patient services or out-patient services have been, are being or will be provided by or on behalf of a health board in respect of the injury, and

(c) any one of the following, that is to say, the person aforesaid, his personal representative or dependant, has received, or is entitled to receive damages or compensation in respect of the negligent use aforesaid from the person liable to pay such damages or compensation in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom,

the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985, make a charge upon the person who received or is entitled to receive such damages or compensation in respect of the said in-patient services or out-patient services.

(2) (a) A health board may waive the whole or part of a charge under subsection (1) of this section if it considers it proper to do so—

(i) having had regard to the amount of damages or compensation, and interest (if any) thereon, received by the person liable to pay the charge in respect of the injury to which the charge relates, and

(ii) in a case where there was contributory negligence on the part of the person to whose injury the charge relates or of one for whose acts he is responsible, having had regard to any reduction in the amount which would have been received but for the contributory negligence.

(b) In proceedings brought by a person to whom injury is caused by the negligent use of a mechanically propelled vehicle in a public place, or by the personal representative or dependant, of such a person in respect of such negligent use as aforesaid, claiming damages in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom, paragraph (a) of this subsection shall be disregarded.



In a personal injury claim you will claim for medical expenses. My understanding is that under s2 of the Health (Amendment) Act 1986 the hospital must raise charges when a person is involved in a RTA and the person can claim compensation. Does this section apply even where the injured person is a medical card holder? I cannot find any information to say it doesn't.

My question is where a person settles out of court with an insurance company and is a medical card holder should the injured party be claiming for medical expenses?

Thank you.

McCrack

Specials will be part of virtually all RTA claims. If there are in-patient charges the hospital will raise their invoice and that will get included irrespective whether the plaintiff is a medical card holder or not.

Whether the plaintiff chooses to pay them out of their settlement/award is a matter for them (if they are a medical card holder and not a member of a health insurer).

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The guy in question agreed a settlement, he told me the amount and I asked about his medical costs (many operations and lengthy hospital stays) and he said they werent included as he has a medical card. He said he was lucky that he got a medical card days before his accident and all his medical costs were covered under it.
I was sure this couldn't be the case but he is adamant his medical costs are not being paid out of the settlement.

I see that under s2a the charges can be waived having regard to the amount of compensation received but there is no certainty they will and my understanding of s2b is that s2a must be disregarded in proceedings.
Therefore is it possible a decision had been made to waive all charges before the negotiations and therefore the medical costs didnt form part of the negotiations.