Major reforms required to reduce the number of medical negligence claims– Burke

Fine Gael Cork North Central Senator and the Party’s Seanad Spokesperson on Health, Colm Burke, has said that major reforms are required to reduce the number of medical negligence claims as 2,840 claims are currently pending. Senator Burke was speaking today (Wednesday) following the launch of the report on the cost of medical indemnity insurance by the Oireachtas Joint Committee on Health and Children.

“This report examines in detail the causes behind the rising cost of medical indemnity insurance and the effect that that is having on both medical practitioners and our health system. The report also looks at ways in which to reduce the cost of medical indemnity insurance.

“The State Claims Agency who manage all of the medical negligence claims in the HSE Hospitals, confirmed in April 2015 that there were 2,840 claims pending. They have provided for a contingent liability of €1.159 billion. The number of claims under their management has increased by more than 45% between 2008 and 2012. In addition, the average cost of personal injury (clinical) claims resolved in 2014 was €140,000 compared to €67,000 in 2009. 

“At the same time, the Medical Protection Society, who provide insurance for medical practitioners working privately or who may be working with the HSE and also have private practise, has confirmed that at the end of 2014 that the total number of claims pending against consultants, GPs and dentists was 925 compared to 282 at the end of 2008. The total cost of claims that they provided for has increased from €28.8 million in 2008 to €146.5 million in 2013 for consultants alone, which is an increase of 408%. 

“The report sets out a number of key proposals for reform including the duty of candour, open disclosure, implementation of periodic payment orders, pre-action protocols. Implementation of duty of candour and open disclosure would ensure a more transparent system surrounding medical negligence in hospitals. Periodic payment orders would work to ensure that the needs of patients requiring lifelong care are met at an early stage whilst pre-action protocols would guarantee a more coherent system in medical negligence cases.

“It is important that we work to implement these measures in order to reduce the number of medical negligence claims and to safeguard Irish patients.”