Oireachtas Joint and Select Committees

Thursday, 10 May 2018

Public Accounts Committee

State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE

9:00 am

Mr. Ciarán Breen:

In the cases we settle there are two issues that arise. There is a breach of duty which we concede on a lot of occasions, as well as a breach of causation. I do not mean to be over technical, but the breach of duty may not, in fact, have caused the damage. That might be a point of real issue between medical experts in cases. Without an admission of liability is, in fact, only one component of cases in terms of there being a double breach. I am guessing that it would probably be somewhere in the order of between 30% and 50% of cases in which there would be no admission of liability.

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