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Early mediation could cut States €500m compo bill

THE States potential €500 million compensation bill for medical negligence claims could be "hugely reduced" if people were dealt with in an open and transparent way, a health law specialist has said.

Raymond Bradley, managing partner of Malcomson Law solicitors, a leading health law firm, said the State Claims Agency (SCA), which handles actions taken against the Government, often allows proceedings to drag on unnecessarily, resulting in higher legal costs.

Mr Bradley said there was a culture of making people feel like they're in the wrong, and maintains the SCA is not interested in mediation, but prefers to settle just before the case is about to be heard.

Last week the director of the SCA, Ciarán Breen, said for every euro of compensation paid to claimants, the SCA's Clinical Indemnity Scheme paid an additional 56 cents in legal costs.

Mr Breen said lawyers being compensated so highly in the current economic climate was "wrong".

But Mr Bradley said in many cases, costs could be hugely reduced if the SCA did not drag its feet.

He said there is a real reticence on the part of the SCA, currently handling 1,675 negligence claims, to admit liability.

Mr Bradley maintains there is no will within the SCA to explore alternative ways of settling cases.

"There is no interaction with claimants and people feel like they are being denied their right -- if standard of care was at an appropriate level the claim would not be made in the first place."

Mr Bradley said he had recently settled a lengthy case where the man concerned said all he had wanted was an apology, and recognition that a mistake had been made.

"I would say to the SCA to get your own house in order first because there are so many ways of minimising costs."

The SCA has €500m earmarked for clinical claims, 57% of those are obstetric cases, with a potential liability of almost €300m.

Mr Bradley said obstetric-related payouts are so high because a loss of earnings for a whole lifetime of care is being provided for.

The majority of medical negligence claims relating to obstetrics and gynaecology are brought on behalf of a baby, but a small number arise because of injury to the mother during birth, he said.

Seeking Health Law Advice

For further information and advice regarding your legal rights and entitlements, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in Medical Negligence.

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