Catherine Murphy (Kildare North, Social Democrats)
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366. To ask the Minister for Health the amount paid in legal costs to each of the top ten legal firms representing plaintiffs in medical negligence cases in 2021; the number of cases that payments relate to in tabular form; and if he will make a statement on the matter. [63065/22]

Catherine Murphy (Kildare North, Social Democrats)
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367. To ask the Minister for Health the amount paid out in legal costs to each of the top ten named legal firms representing the agency in medical negligence cases in 2021; the number of cases that payments relate to in tabular form; and if he will make a statement on the matter. [63066/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 366 and 367 together.

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive. I have been informed by the SCA that the information contained in this report has been extracted from the National Incident Management System (NIMS). Medical negligence claims are identified on NIMS through the Incident / Hazard Category of Clinical Care.

Plaintiff legal costs relate to the payment made to the Plaintiff’s legal team i.e. Solicitors and Counsel and are also inclusive of expert fees which are discharged by the Plaintiff’s solicitor. These expert fees may relate to actuarial, engineering, medical, witness fees etc.

Agency Legal costs relate to fees to solicitors engaged by the Agency. The legal costs sums include VAT.

- Table 1 shows the top 10 named Legal firms representing plaintiff legal costs made in relation to Clinical Care claims in 2021 with highest paid totals.

- Table 2 shows the top 10 named Legal firms representing the State Claims Agency by solicitor fees made in relation to Clinical Care claims in 2021 with highest paid totals.

- This report is correct as of 30/11/2022.

Question 1: Top 10 Legal Firms by Plaintiff Legal Costs paid in 2021

Table 1: Top 10 Legal firms representing Plaintiffs by total costs paid and number of claims involved in payments for 2021

Question 2: Top 10 Legal Firms by Agency Solicitor Legal Costs paid in 2021

Table 2: Top 10 Legal firms representing the State Claims Agency by total costs paid and number of claims involved in payments for 2021

Definitions:

- National Incident Management System (NIMS): Incidents (which include claims) are reported using the “National Incident Management System”. This is hosted by the State Claims Agency (SCA) for the HSE, other Healthcare enterprises and State Authorities. An incident can be a harmful Incident (Adverse Event), no harm incident, near miss, dangerous occurrence (reportable circumstance) or complaint.

- Agency Solicitor Fees: Fees paid to solicitors engaged by the Agency.

- Claim: A claim refers to notification of intention to seek compensation for personal injury and/or property damage where it is alleged the State was negligent. The application may be in the form of a letter of claim, an InjuriesBoard.ie application, or a written/oral request.

- Plaintiff Legal Costs: Plaintiff legal costs relate to the payment made to the Plaintiff’s legal team i.e. Solicitors and Counsel and are also inclusive of expert fees which are discharged by the Plaintiff’s solicitor. These expert fees may relate to actuarial, engineering, medical, witness fees etc.