“Driving and supporting safe patient care through effective claims and risk management.”
The Clinical Indemnity Scheme (CIS) is the main scheme under which the State Claims AgencyUnder the National Treasury Management Agency (Amendment) Act, 2000 the management of personal injuryPersonal injury refers to bodily injury sustained and includes death, ill health or disease. and third partyBodies or individuals other than a State authority property damagePhysical damage to or loss of material property including buildings, contents, vehicles and personal property. claims against the State and of the underlying risks was delegated to the National Treasury Management Agency (NTMA). When performing these functions the NTMA is known as the State Claims Agency. (SCA) manages all clinical negligenceThe general definition of negligence is that it is either an omission to do something which a reasonable person would do, or doing something which a prudent or reasonable person would not do. Negligence consists of four elements: the State authority must owe a duty of care to the individual; a breach of this duty must have occurred, where the actions or omissions fall below a certain ‘standard of care’ either by reference to common law or statute; damage: the person initiating the claimA 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.ieThe Government body which assesses, on consent, the amount of compensation due to a person who has suffered a personal injury arising from motor accidents, accidents in the workplace and claims involving public liability. It does not assess personal injury claims in relation to medical negligence. The respondent (defendant) can reject it assessing quantum in any case if liability is disputed. Either party involved can reject the assessment or award made by InjuriesBoard.ie; the case would then proceed through normal legal process. The answers to frequently-asked questions are available on the Injuriesboard.ie website. application, or a written/oral request. for compensation must have suffered loss or injury; causation: there must be a connection between the breach of duty (the way the person acted) and the damage suffered by the person seeking compensation. claims taken against healthcare enterprises, hospitals and clinical, nursing and allied healthcare practitioners covered by the scheme.
The CIS was established in 2002 in order to rationalise pre-existing medical indemnity arrangements by transferring to the State, via the Health Service Executive (HSE), hospitals and other healthcare agencies, responsibility for managing clinical negligence claims and associated risks. Under the CIS, the State assumes full responsibility for the indemnification and management of all clinical negligence claims, including those which are birth-related. Claims made under the scheme are managed by the team of clinical claims managers within the Agency.
The SCA’s team of clinical risk advisers collaborate with risk management and other relevant clinical and administrative personnel to support patient safety and to help minimise the occurrence of clinical claims. See our Risk Management section for further details.
Resources and tools
Forms, guidance documents and presentations on a variety of clinical risk management topics are available from the Resources section of our website. You can also use the search box at the top of the page to find items.
Each year the SCA publishes reports on clinical adverse eventsAn incident can be a harmful incident (adverse event), no harm incident, near miss, dangerous occurrence (reportable circumstance) or complaint. • A harmful incident (adverse event) is an incident that results in harm/damage. • A no harm incident is an incident where no harm/damage occurred. • A near miss is an incident which nearly occurred. • A dangerous occurrence (reportable circumstance) as described by the Health and Safety Authority (HSA) or any other reportable circumstance as prescribed/deemed appropriate by the Enterprise/Authority. • A complaint made about any action/inaction of the Enterprise/Authority. and settled and closed claims in order to inform the provision of better and safer care within the Irish health service. These reports are available in the Key Figures section of this website.
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