Over €2bn in claims against HSE since 2018

Sinn Féin Spokesperson on Health David Cullinane said that the overall cost of legal fees was 'staggering'. Picture: Gareth Chaney/Collins

The HSE's legal fees have hit nearly €500m over the last five years, with the overall cost of claims in the same period reaching over €2bn.

Figures released to Sinn Féin's Health spokesman David Cullinane by the State Claims Agency show that legal fees climbed from €73m in 2018 to €118m in 2022. 

Cost of damages awarded against the HSE in those years went from €229m in 2018 to €351m in 2022, and include VAT.

The data relate to claims against "the HSE locations, ie acute and community settings, Section 38 service providers and the national services and disability sector locations". It does not contain any private scheme locations.

Mr Cullinane said that the overall cost of legal fees was "staggering".

“The total cost of claims and the associated legal costs are staggering.

Everything that can be done must be done to minimise claims and reduce cases of medical negligence. However the total legal costs both by the Department and the HSE over the last 5 years is staggering.

“Over €500m in legal costs is enormous. Taken with the spend on management consultancy, other professional fees, agency spend and outsourcing, we need much better cost controls and alternative processes including more insourcing.

“We need to make sure we are reining in costs and getting the best value for money.” 

In another parliamentary response, Mr Cullinane was told by the Department of Health that it had spent €57m in the same period on legal fees.

Health Minister Stephen Donnelly told Mr Cullinane that his department's spending included a number of high-profile cases.

It should be noted that the expenditure outlined includes Medical Defence Union Refusals, the Farrelly Commission of Investigation, and the Cervical Check Tribunal.

In response, the HSE said that it "works continuously to monitor and improve patient safety, reduce incidents of harm and to minimise risk".

"The most effective way to manage the cost of claims against the HSE is to minimise incidents of avoidable harm. The implementation of the Patient Safety Strategy 2019-2024 to reduce leading causes of harm and support quality and patient safety priorities is key in achieving this.

"The cost of all health-related claims, including legal costs, have continued to increase over the past decade. There are several factors driving the increase, including a rising population, an increasing number of new mass action claims, increased levels of activity in acute hospitals, general claims inflation, the reduction in the Real Rate of Return (effectively the interest rate that an award can be expected to earn and is used when calculating how much will be needed to pay for care in the future), increased life expectancy, and improvements in medical technology."

In January, the Government approved the establishment of an interdepartmental working group to examine the rising cost of health-related claims and consider mechanisms to reduce costs. The group is chaired by Dr Rhona Mahony with members from across key Government departments and agencies.