Dáil Éireann Debate, Wednesday - 1 February 2017
45. Deputy Clare Daly asked the Minister for Health his views on the fact that the number of claims for which damages were paid in maternity services cases jumped from 15 in 2007 to 101 in 2015, an almost seven-fold increase in eight years; if this increase is linked to staff and resource cutbacks over that period; and if he will make a statement on the matter. [4262/17]
Amharc ar fhreagraThe State Claims Agency which manages clinical negligence claims against consultants, including maternity claims occurring on or after 1st February 2004, on behalf of the State has advised me that the growth in maternity-related claims against consultants from 2006 onwards is in line with the actuarial predictions made by the Agency. It has also advised that there are three complicating factors that have impacted on the payments of damages figures.
Firstly, maternity-related cases involving infants, including cerebal palsy cases, often involve timelines of several years from the date of incident to the date of claim and ultimate settlement. This, therefore, greatly complicates the payments of damages picture as several claims arising from payment of damages in any particular year invariably relate to prior years.
Secondly, thirteen cerebal palsy cases in which Periodic Payment Orders (PPOs) were agreed between 2010 and 2013 were returned to Court on subsequent returnable Court dates. This means that there is double counting of payments of damages in these years.
Finally, the Symphysiotomy litigation has also had an effect on the payments of damages picture even though events giving rise to these cases occurred decades earlier.
There does not appear to be any direct evidence linking staff and resource levels to the payment of damages in the period referred to by the Deputy. The number of cases arising for payment of damages in the period 2007 to 2015 is very much in line with the State Claims Agency's actuarial model which indicated that the payment of damages over these years would continue to increase over these years, plateauing in or about 2020.
