Health Service Medical Negligence Claims Double in Five Years

by | May 12, 2015

According to figures released by the State Claims Agency, health service medical negligence claims against the HSE have almost doubled within the past five years.

The State Claims Agency recently reported that last year 936 health service medical negligence claims were lodged with the High Court – almost double the number reported in 2010. In addition to the new health service medical negligence claims, the State Claims Agency is already dealing with more than 3,000 historical claims dating back to 2013 or earlier, and a further 218 claims have already been lodged this year.

However, the State Claims Agency´s figures do not tell the whole story. The 936 health service medical negligence claims fail to take into account claims issued in the District Courts and Circuit Courts, or public liability claims for accidents to hospital visitors and employer liability claims when healthcare workers have been injured working in – or on behalf of – Irish Hospitals.

The number of health service medical negligence claims could continue to rise given the recent high-profile issues with the nation´s maternity services. The damming Hiqa report into failings at the Portlaoise Hospital prompted HSE chief Tony O´Brien to call for a “clear-out of uncompassionate staff”, but Health Minister Leo Varadkar is under the impression that “wall of silence” is responsible for the substantial increase in health service medical negligence claims.

Minister Varadkar has criticised an “open disclosure” initiative implemented in 2013 by the HSE and State Claims Agency. The initiative was failing to work the Minister said because hospital managers were failing to engage with patients who had a negative experience in Irish hospitals, and the patients were going to the courts to get answers to what went wrong.

“When something goes wrong, it’s OK to say that you’re sorry about what happened”, the minister commented. “It does not mean you’re accepting liability. There is a never a good reason to conceal the truth from a patient or their family once the facts are known. Aside from making sense from a human point of view, it’s the right thing to do financially”.

New legislation is being drawn up by the Department of Health to reinforce the policy of open disclosure so that healthcare workers can provide information to patients and their families without prejudicing future health service medical negligence claims. While the legislation is being drawn up, the number of outstanding health service medical negligence claims continues to increase.

Need Help?

If you have any legal questions arising from an injury then please call us now on our 24-Hour helpline on 1800-989 900

This is a free-to-call line to book a call with a Coleman Legal solicitor. There are no charges or obligations for using this service and you will NOT be pressured into making a claim or using our services. We always respect your privacy and comply with GDPR regulations.