Hospitals urged to come clean about 'mistakes' to lower large payouts to patients

'As well as being more open, if the actions of hospital staff in a serious incident were examined independently rather than internally, and lessons learned, that would also help.' Picture: Larry Cummins

Hospital baby injury claims as well as the cost of so-called “slips and falls” in hospitals are expected to pass the €4bn mark in June.

This is when figures on the State’s estimated outstanding liability for accidents in Irish hospitals are due to be published.

But medical negligence lawyers claim the figures could be much lower if hospitals came clean about mistakes sooner.

Coleman Legal’s managing partner Dave Coleman said: “We would see fewer cases come before the courts if hospitals were far more open and upfront.

By the time people come to us, they are angry about the way they were treated by hospital staff — both medical and management — and they are searching for answers.

“As well as being more open, if the actions of hospital staff in a serious incident were examined independently rather than internally, and lessons learned, that would also help.

“At present, however, we are constantly coming across cases where lessons are not being learned and the same mistakes are being made over and over again and this is adding to the cost on the taxpayer.”

He said if the independent findings from reviews and investigations were shared early on with patients, it would contribute to a culture of understanding.

The State’s estimated outstanding clinical liability figure currently stands at €3.8bn for 2022.

But liabilities for cases classed as “catastrophic”, which include avoidable hospital baby deaths and injuries, have shot up from 10% in 2020, and 14% in 2021 to 16% in 2022.

The level of estimated outstanding liabilities for less serious clinical claims, while up, has increased at a much slower rate.

It has gone from  €621m in liabilities in 2018 compared to €467m in 2017 to €984m in liabilities in 2021 to €1bn in 2022.

A State Claims Agency (SCA) spokesperson pointed out that in 2022, the number of active claims being managed by the SCA had increased by 5% over the previous five years.

This saw the volume of complaints go from 10,658 at the end of 2018 to 11,204 at end-2022.

At the same time, according to the SCA, the increase in the estimated outstanding liability over the same period was much higher, at 57%.

“Catastrophic injury claims, due to their high value, are the main driver behind this increase in volume terms,” the SCA said.

“Other factors contributing to the increase in estimated outstanding liability are the increase in claims numbers and general claims inflation.”

It also said other contributors included — “in relation to catastrophic injuries" — increased life expectancy as a result of improved medical and pharmacological care.

Among cases to come before the courts recently was that of Aliyah Bowden, who has autism and ADHD.

Her legal team claimed these conditions were attributable to care she received at birth in 2013 at the Midland Regional Hospital, Portlaoise.

Although all her claims were denied, the HSE conceded there should not have been six pulls by a metal vacuum during her delivery.

While the HSE did not accept there was any alleged harm caused to the baby as a result, she settled her High Court action on March 8 with an interim payment of €733,000 for the next eight years.

The settlement, reached after mediation, reflected that the HSE was 40% liable.