Lump sums for injuries at birth could be replaced

Ongoing payments and access to services could replace lump-sum legal payouts for children who suffer as a result of medical misadventure at birth, under plans being considered by Health Minister James Reilly.

His department is also examining how people who suffer as a result of bad reactions to vaccinations can be compensated without a legal cases.

The minister is concerned that one third of all money the health system spends on compensation goes towards lawyers’ fees instead of “directly to the victims who have suffered as a consequence of misadventure or medical negligence”.

He said “open disclosure” legislation which would allow medical professionals to inform patients and their families of incidents that have caused harm and admit liability, will be published early next year.

Dr Reilly was responding to Dáil questions from Independent TD John Halligan, who said the handling of negligence cases needs to be overhauled so vulnerable families don’t have to face lengthy litigation processes.

He raised the case of Dylan Gaffney Hayes whose family recently settled a case for €8.5m following lengthy legal proceedings during which they had to “relive on the stand the whole ordeal of her little boy’s birth”.

The Waterford TD said: “The HSE has paid out €255m in legal fees since 2005 contesting negligence cases.”

He added: “Ten barristers shared an outrageous €3.15m in fees relating to medical negligence cases last year, all of which were settled out of court.”

Dr Reilly accepted that people “are driven to law because of the frustration they experience through a system that is very defensive and legalistic”.

He said families in such cases typically want three things: “An apology for what went wrong, an acknowledgement that something did go wrong, and an assurance that it will not happen again because things are going to change.”

The minister said he was examining the system in New Zealand where the maximum payout is €100,000, but the person is given supports they need.

“Much of the concern here is that we have not, perhaps, supported people who have catastrophic injuries, cerebral palsy and other conditions in a manner in which we could and should support them,” he said. “If the money was diverted into the community service to support people, they would not feel the need to go to court as much as they do.”