Remit of injuries board may extend to medical negligence

A PROPOSAL to extend the remit of the Personal Injuries Assessment Board to include medical negligence claims is being discussed…

A PROPOSAL to extend the remit of the Personal Injuries Assessment Board to include medical negligence claims is being discussed by the Department of Health.

The aim of the non-judicial process would be to speed up compensation cases and cut costs.

The Department of Health and the Department of Jobs, Enterprise and Innovation have had discussions on the proposals and will be presenting a joint paper on the matter to their Ministers.

Minister for Health James Reilly and Minister for Jobs Richard Bruton will discuss the proposal in advance of bringing it to Government.

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Last year, Mr Bruton proposed that a new body, the medical injuries assessment board, could be established to deal with medical negligence claims, but the cost of developing a separate body has since been considered prohibitive.

The Personal Injuries Assessment Board was set up as a statutory body in 2004 to provide independent assessment of personal injury compensation for victims of workplace, motor and public liability accidents. The awards it approves must be accepted by both parties involved.

The board has said it processes claims five time more quickly and 80 per cent more cheaply than the courts. It has also said it had delivered €100 million a year in savings since it was established.

At present, medical negligence claims are dealt with through the courts. The State Claims Agency indemnifies staff in all public hospitals and in some private obstetric hospitals against clinical negligence claims.

Patients, patient support groups and lawyers working in the area have raised concerns about the length of time it takes to settle claims.

Even in cases where negligence has been admitted by the State, protracted pre-court processes have resulted in long waits for settlements.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist