Pearse Doherty (Donegal, Sinn Fein)
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328. To ask the Minister for Health the number of cases related to medical negligence that the State Claims Agency resolved through mediation; the number that were resolved after a court case; and if he will make a statement on the matter. [20959/18]

Simon Harris (Wicklow, Fine Gael)
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The management of clinical indemnity and general insurance claims has been delegated to the State Claims Agency under Section 9 of the National Treasury Management (Amendment) Act 2000. The Agency has a statutory mandate to investigate and manage these claims to completion. It has provided the following information to my Department in respect of claims settled following court cases or by mediation since 2014 as this is when the reporting under the National Incident Management System (NIMS) went live.

The Agency has stated that 98% of all cases managed by it are resolved without the need for a contested court hearing.

These tables show claims which have been concluded / finalised by the Agency on behalf of healthcare enterprises. They include claims directly related to clinical care and other related general claims (e.g. psychological claims arising from clinical care treatment).

The Agency defines case conclusion date as the date the case has reached its outcome whereby damages have been agreed, either through settlement discussions or court award etc. The issue of costs can be outstanding.

Claim finalised date means the date on which the claim has been finalised, i.e. all financials have been agreed (but not necessarily paid). There may be outstanding payments to be processed.

Since 2014, there were 40 claims resulting from clinical care that have been fully finalised by way of a court ruling (court award or case dismissed).