The State Claims Agency (SCA) has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSAs) one of which is the Health Service Executive.
The SCA states that this request for information is broader that cancer misdiagnosis claims, which have recently been reported in previous parliamentary questions. This reply includes clinical and personal injury 'general' claims which can relate to service users, staff, and members of the public.
The table shows all claims under active management by the SCA under the National Screening Service on the National Incident Management System (NIMS).
|
HSE National Screening Service
|
Clinical/General
|
Status Updated
|
Count
|
|
Breast Check
|
Clinical
|
Claim under investigation
|
3
|
|
Breast Check
|
Clinical
|
Claim Litigation
|
2
|
|
Breast Check
|
General
|
Claim under investigation
|
3
|
|
Cervical Check
|
Clinical
|
Potential Claim under review
|
1
|
|
Cervical Check
|
Clinical
|
Claim under investigation
|
12
|
|
Cervical Check
|
Clinical
|
Claim Litigation
|
1
|
|
Cervical Check
|
Clinical
|
Trial
|
2
|
|
Cervical Check
|
Clinical
|
Claim conclusion started
|
4
|
|
Cervical Check
|
General
|
Claim under investigation
|
1
|
|
Bowel Screen
|
Clinical
|
N/A
|
0
|
|
Bowel Screen
|
General
|
N/A
|
0
|
|
Grand Total
|
|
|
29
|
The SCA states that, as at 28/05/2018, there are 29 cases under active management (28 claims, 1 potential claim) with respect to the national screening programmes.
Of these, 8 are associated with BreastCheck, 21 with CervicalCheck and 0 with BowelScreen.
It is important to note that these cases are both clinical and non-clinical (general) in nature and include cancer misdiagnosis claims.
The SCA states that 38 cases (36 claims and 2 potential claims) have been notified to it with respect to the national screening programmes/centres, since their delegation.
Of these, 27 relate to clinical care and 11 are non-clinical (general) in nature. Of the 38, 29 remain active on the National Incident Management System as at 28/05/2018, as shown in the table above.
The SCA’s claims management objective is to act fairly, ethically and compassionately in its dealings with people who have suffered injuries and/or damage and who take legal actions against the State or State bodies, and their families, while acting in the best interest of taxpayers in matters of personal injury and property damage litigation.
The SCA remains committed to resolving cases relating to CervicalCheck in line with the principles outlined by the Government earlier this month, expediting resolution of these cases in a sensitive manner, working co-operatively with the co-defendant laboratories, utilising mediation wherever possible and placing a high priority on treating the people who have made the claims, and their families, with dignity and compassion.
