Written answers
Tuesday, 18 September 2012
Department of Health
Medical Negligence Cases
Finian McGrath (Dublin North Central, Independent)
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To ask the Minister for Health if he will provide an update on the group established in 2001 to consider a no-fault compensation system for birth damaged infants. [38080/12]
James Reilly (Dublin North, Fine Gael)
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The group referred to by the Deputy in relation to the consideration of a no-fault compensation system for birth damaged infants was set up over ten years ago to consider this very complex area. I understand that for various reasons the group met intermittently and has not now met for a number of years.
The Programme for Government includes a commitment to introduce legislation to facilitate courts making provision for structured settlements (Periodic Payment Orders) in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another. I am aware that the High Court Working Group on Medical Negligence has made a number of recommendations on periodic payments and pre-action protocols. I understand that these recommendations propose that infants, who have suffered catastrophic injuries at birth, will have their cases dealt with in a lesser time frame than pertains at present and also their care costs dealt with on an annual payment basis rather than by way of inclusion in a lump sum compensation package. Consideration of the recommendations of the Group and any subsequent legislative changes will be a matter for the Minister for Justice Equality and Defence. My Department will be liaising with the Department of Justice and Equality on this matter.
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