€1.4 billion paid out in medical negligence claims since 2010, €2.1 billion allocated for compensation allocated to State Claims Agency since 2010

On foot of PQ Responses from the Department of Health, Aontú Leader & Meath West TD Peadar Tóibín has raised serious concerns over the more than €1.4 billion paid out in medical negligence claims since 2010 by the HSE and the 367% increase in the number of payments in excess of €4 million.

An Teachta Tóibín: “The figures I received in relation to medical negligence compensation claims this week make for harrowing reading. Since 2010, the State Claims Agency has paid out €1.44 billion in compensation for medical negligence. The PQ response goes on further to state “the % increase in volume of claims where compensation was paid from 2010 to 2020 is 116% and the number of these payments which were greater than €4million has increased by 367% over the same period.

These numbers also relate to mass actions claims such as Cervical Check.” Across every metric, from volume of claims, to cost of claims, to total pay outs, there has been a steep jump. The government is aware of this fact however, as their allocation to the State Claims Agency in the Health Budget has drastically increased. €2.1 billion has been allocated for compensation allocated to State Claims Agency since 2010. The 2020 budget allocation for medical compensation is nearly seven times the allocation for 2010.  This is shocking on so many levels. Behind each figure there is a citizens who has suffered massively and a devastated family”.  

“These figures are of course very difficult to read in light of this week’s court case where liability was admitted by the defendants in a case taken by a couple whose healthy unborn baby was aborted in the National Maternity Hospital. The Merrion Fetal Health Clinic told the parents that their son had Edwards' Syndrome. This was untrue, the National Maternity Hospital did not follow their own guidelines. They did not have the competency to make that diagnosis and the life of Christopher was ended.   Christopher’s parents are incredibly courageous in fighting against all the odds for justice for their son Christopher. They have, I believe, been treated shockingly by senior staff at the National Maternity Hospital and two Ministers for Health”.

Mairéad Tóibín, Aontú’s Dublin Bay South Representative stated;

“Behind many of these figures there is an admission of liability. There is an admission that jobs were not done properly, that systems broke down and guidelines are not followed.  This must be a key area of focus in order to improve service to patients and to protect the state. Questions have to be asked around accountability here. For each compensation what level of accountability was achieved to ensure that this damage and these cases do not happen again”.

“Another shocking element of the tragic National Maternity Hospital case is the fact that the State announced at the time that they would cover the legal costs of the private clinic as well as the cost of defending the public hospital - an unprecedented move. The State financially backed a private clinic to refute liability for the wrongful loss of Christopher’s life. All the while the State has allocated over €2.1 billion to pay out for their wrongdoing in the past decade. These figures and the shameful treatment of these parents seeking justice makes for extremely difficult reading and should concern everyone.”

“There is also a major concern that these figures are likely to increase especially arising from the shutdown of the Health Service for months on end since the outbreak of the Covid pandemic. The government’s restriction policies, directly translate into more advanced cancer diagnoses, cancer deaths, missed GP appointments, increased mental health suffering. This will have a massive human and financial impact. ”

______________________________________________
For Written Answer on : 22/06/2021
Question Number(s): 614 Question Reference(s): 25845/21
Department: Health
Asked by: Peadar Tóibín T.D.
______________________________________________


QUESTION

To ask the Minister for Health the amount the HSE paid out in compensation for medical negligence in each of the years 2010 to 2020.

REPLY

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive. The State Claims Agency has informed me that the information contained below was extracted from the National Incident Management System (NIMS) according to the below criteria:

• This report shows Damages Payments made from 2010- 2020 with respect to clinical claims under the management of the State Claims Agency.
• The figures relate to all claims under the hazard category of clinical care only being managed by the SCA under the Clinical Indemnity Scheme (CIS).
• HSE within this report relates to all Acute and Community enterprises, Section 38s, National Support Services and Disability sector. It does not contain any private schemes.
• This report is correct as of 30/04/2021

Total Damages Payment Made – 2010-2020
It should be noted that the amount paid out each year in relation to catastrophic injury payments is subject to considerable volatility depending on the number of settlements, given the very large size of individual awards/settlements, and whether awards/settlements are on a lump-sum, interim payment order or PPO basis.

The reduction in the Real Rate of Return, following the Court of Appeal decision in November 2015, added considerably to the cost of resolving catastrophic injury cases and the resultant inflationary effect of the change in the Real rate of Return is reflected in the figures from 2013 onwards, owing to the retrospective application of the Rate to the original High Court decision in that year.

Note, the % increase in volume of claims where compensation was paid from 2010 to 2020 is 116% and the number of these payments which were greater than €4million has increased by 367% over the same period. These numbers also relate to mass actions claims such as Cervical Check.

Table1: HSE Damages payments 2010-2020 on Clinical Claims

Definitions
National Incident Management System (NIMS): Incidents (which include claims) are reported using the “National Incident Management System”. This is hosted by the State Claims Agency (SCA) for the HSE, other Healthcare enterprises and State Authorities. An incident can be a harmful Incident (Adverse Event), no harm incident, near miss, dangerous occurrence (reportable circumstance) or complaint.

Damages Payments: Can includes both General Damages and Special Damages

Clinical: A clinical incident on NIMS is one which falls under the Incident Hazard category of Clinical Care. This category includes incidents relating to the provision of services of a diagnostic or palliative nature. It also includes incidents relating to the provision of treatment. Incidents present in this category will be relating to clinical procedures, birth specific procedures, medication incidents, or nutrition/blood related incidents.

PQ2

QUESTION NO:  611

DÁIL QUESTION addressed to the Minister for Health (Deputy Stephen Donnelly)

by Deputy Peadar Tóibín

for WRITTEN ANSWER on 22/06/2021  

 To ask the Minister for Health the budget for medical compensation in each of the years 2010 to 2020.

REPLY.

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive. The Clinical Indemnity Scheme (CIS) is the scheme under which the State Claims Agency (SCA) manages all clinical negligence claims taken against healthcare enterprises, hospitals and clinical, nursing and allied healthcare practitioners covered by the scheme.

The table below outlines the final Health Vote budget allocation to the State Claims Agency in each of the years 2010 to 2020.

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