State paid out €20m last year on 50 historical medical negligence claims

€20m was paid in 50 historical medical negligence claims last year, including one claim worth €17m. File Picture.

The State paid out €20m in 50 historical medical negligence claims last year, including one claim for €17m.

The claims relate to a clinical indemnity scheme, which the State put in place in February 2004 following an insurance crisis in the late 1990s when it became difficult for consultant obstetricians to obtain cover.

The scheme saw the State indemnify public hospitals and doctors, who were previously protected by a number of insurance providers, including the Medical Defence Union (MDU).

In 2017, the State agreed to assume responsibility for claims taken against former MDU members predating 2004.

The Department of Health said it could not comment on the nature of the claims due to a confidentiality agreement with the MDU but did confirm that the €17m payout last year related to a catastrophic birth injury.

A similar number of claims is expected this year. The Department estimates the claims will cost the State in the region of €6m based on claims paid out in previous years.

Under current arrangements, the Minister for Health must approve each claim, which is managed by the State Claims Agency (SCA).

The agency, however, has yet to be given powers to manage the claims in full.

In a briefing document for the new Health Minister Stephen Donnelly, the department said work was underway to delegate the claims to the SCA before the end of the year.

“Work is ongoing with respect to drafting a delegation order in this regard,” a spokesperson for the Department of Health confirmed to the Irish Examiner.

The Department said the scheme was put in place to ensure that “no one who suffered from a medical mishap would be left without compensation” and signalled that all historical claims against former MDU members should be resolved in the next few years.

The MDU declined to comment on the claims but confirmed it continues to provide cover for some medical professionals in Ireland.

"While membership numbers are confidential, we can confirm we continue to indemnify members in the Republic of Ireland. As stated in our latest annual report, we paid out £1.2m relating to our Irish members’ claims in 2019,” a spokesperson for the medical defence organisation said.