Stephen Donnelly (Wicklow, Fianna Fail)
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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.

Accordingly, the SCA has provided me with the information set out below in response to the Deputy's question. I have been informed by the SCA that this information has been extracted from the National Incident Management System (NIMS) according to the criteria and definitions set out below.

Criteria used

• Relates to payments made in Healthcare under the Clinical Indemnity Scheme.
• HSE claims relate to claims against the HSE locations, i.e. Acute and Community settings, Section 38 service providers and the National Services and Disability sector locations. It does not contain any private scheme locations.
• The amount paid includes damages, agency and plaintiff legal costs (including VAT) and expert costs for the period 2010-2024 YTD.
• This report is correct as of 19/02/2024.

Payments in Healthcare under the Clinical Indemnity Scheme 2010-2024 YTD

Transaction Reporting Year	Amount paid
2010	€74,000,864
2011	€87,856,071
2012	€78,305,472
2013	€116,281,707
2014	€101,718,721
2015	€190,265,065
2016	€189,094,645
2017	€242,024,417
2018	€262,308,969
2019	€313,455,916
2020	€319,774,952
2021	€353,798,356
2022	€359,608,434
2023	€352,360,476
2024 YTD	€37,635,973
Grand Total	€3,078,490,039

Table 1: Total paid under Clinical Indemnity Scheme 2010 – 2024 YTD as of 19/02/2024.

Definitions:

National Incident Management System (NIMS): Incidents (which include claims) are reported using the “National Incident Management System”, hosted by the State Claims Agency (SCA). An incident can be a harmful Incident (Adverse Event), no harm incident, near miss, dangerous occurrence (reportable circumstance) or complaint. NIMS is the system used by the delegated authorities to fulfil their statutory requirement to report incidents to the State Claims Agency and for their own incident and risk management purposes.

Damages: The compensation paid to a claimant in personal injury claims for the pain and suffering arising from a physical and/or mental injury ( known as General Damages). The compensation paid to a claimant for out of pocket expenses incurred such as loss of earnings, vehicle damage, etc. (known as Special Damages).

Agency Legal Costs: Fees paid to solicitors and barristers engaged by the SCA.

Plaintiff Legal Costs: Legal Costs incurred by the Plaintiff and paid by the SCA.

Expert Costs: Fees paid to experts engaged by the SCA e.g. medical experts, private investigators etc.

Transaction Reporting Year: This refers to the year that payments were issued.