Written answers

Tuesday, 12 October 2010

Department of Health and Children

Clinical Indemnity Scheme

9:00 am

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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Question 294: To ask the Minister for Health and Children the full cost to the State of funding obstetric claims met by the clinical indemnity scheme for each year since it was first established; the costs incurred by the State meeting claims against obstetricians engaged exclusively in public practice and those with a mix of public/private patients for each of the past three years; the contributions that the State has received from third parties in respect of these liabilities; the provisions for all obstetric claims covered by the scheme for each of the next three years; and if she will make a statement on the matter. [36231/10]

Photo of Mary HarneyMary Harney (Dublin Mid West, Independent)
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The information sought by the Deputy, where available, is set out below.

The full cost to the State of funding obstetric claims met by the Clinical Indemnity Scheme for each year since it was first established are as follows:

YearPaid Amount
20042,547,123.50
20051,514,557.34
20063,113,547.98
20075,630,002.60
200818,900,550.97
200915,110,461.40
2010 (To Date)26,738,770.47
Total73,555,014.26

The costs incurred by the State meeting claims against obstetricians engaged exclusively in public practice and those with a mix of public/private patients for each of the past three years cannot be quantified as the State Claims Agency does not gather its claims data by reference to a breakdown between consultant obstetricians with a public only practice and consultant obstetricians with a public/private mix.

The State Claims Agency has received €1,468,130 from third party contributions on obstetric claims from 2007 to 2010 (to date). However, medical defence organisations frequently agree apportionment of liability with the Agency in obstetric cases and make their payments directly to Plaintiffs. Details of these payments are not recorded.

The contingent liability in respect of obstetric claims for each of the next three years is estimated to be €170 million cumulatively. The contingent liability is the State Claims Agency's best current estimate of the ultimate cost of resolving each claim less any payments that have already been made: it includes all foreseeable costs such as settlement amounts, plaintiff legal costs and defence costs (such as fees payable to counsel, consultants etc.). Estimated Liabilities may be revised on a regular basis in light of any new information received.

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