The anticipated liability for medical negligence claims by the State has been forecasted to reach €5 billion, a figure that continues to climb. The Minister for Health recently informed the Oireachtas Health Committee that an extra €50 million is required for the State Claims Agency, which manages medical negligence cases. This uplift takes the total allocation for 2024 up to €485 million.
This escalating expense is due to a surge in claims as well as the value of associated awards, primarily in relation to disastrous birth injuries. According to a recent survey by the Interdepartmental Working Group investigating the increasing costs of health-related claims, these heart-rending episodes represent a minor 2% of the total claim volume, but constitute more than half of the total costs.
The Working Group determined that a focus on curbing the occurrence of risky incidents and clinical damage should be at the heart of any strategy aiming to mitigate claim costs. More crucially, this approach would also lessen the severe human impact. The report outlines several ways to glean insights from these risky incidents and to augment patient care.
However, the report offered limited compelling solutions for managing the costs relating to litigation, which make up a quarter of the overall expenditure. It does however provide a frank exposition on why many families resort to litigation, highlighting the disparity between the care provisioned by the HSE for infants and adults who have suffered catastrophic birth-related injury and the care deemed necessary by the courts. Without ample finances, litigation is the sole route for many families to secure care for their loved ones.
The Working Group suggests some measures that can be swiftly adopted to optimise the process and curb costs, some of which have already been legislated but not enforced. However, the panel dismissed more dramatic reforms such as no-fault compensation and damages cap, citing incompatibility with the common law and the Constitution. This lack of ambition is somewhat disheartening. Moreover, the requirement for parents to embark on extensive and risky legal procedures takes a heavy toll.