State faces 550 claims for medical negligence

MORE than 500 allegations of medical negligence have been lodged with a State agency, while a further 50 serious incidents are being investigated and expected to result in claims, end-of-year figures released this week reveal.

But consultants remain in dispute with the Government over a scheme aimed at streamlining public health compensation claims.

The number of claims is set to rise even further when consultants fully sign up to the Clinical Indemnity Scheme.

In addition, nearly 14,000 incidents, many unrelated to medical care, have been logged by hospitals and passed on to the State Claims Agency (SCA) since it began work 18 months ago. None of the 500 claims have been settled, but some are likely to be within the next three months, SCA director Adrian Kearns said.

"A few claims under the CIS are beginning to come to the surface. In the first quarter of this year, a number will be settled," he said.

The 500 claims, mainly against hospitals and health boards, relate solely to medical negligence or malpractice and make up a quarter of all allegations being investigated by the agency.

Details of a further 50 "serious" allegations of negligence emerged from 14,000 incidents logged at hospitals across the country since the middle of 2002.

The majority of these incidents, such as falls by staff or patients, are unrelated to clinical care and are not covered by the CIS.

Consultants have not yet signed up to the scheme and, while they may be named as one of a number of respondents in actions lodged with the agency, are still covered by commercial insurance and retain their own legal representation.

Health Minister Micheál Martin wants consultants on board by February 1. Negotiations are ongoing, but liability for "historical" claims, that date back a number of years and are not covered by the indemnity scheme, remains a stumbling block.

The Government has already rejected an offer from the Medical Defence Union insurers of many of the State's 1,600 consultants of €60 million in return for the Government covering historical liabilities of up to €400m.

The SCA, which manages personal injury and property damage claims against the State, is dealing with 2,000 complaints, more than half involving the Prison Service, the Garda Síochána and the Defence Forces.

A quarter of the personal injury claims relate to alleged asbestos exposure. A Supreme Court ruling earlier this year found against plaintiffs who alleged they were damaged mentally, even though there was little risk of them contracting the disease.

The SCA is attempting to recover costs totalling €2.5m from 500 plaintiffs whose fears were found to be irrational.