Clinical claims management

Under the Clinical Indemnity Scheme, we manage clinical claims taken against State authorities in connection with the provision of professional medical services. State Authorities for the purposes of the Clinical Indemnity Scheme are the HSE and organisations in the voluntary health and social care sector, to which the Minister for Health has provided an indemnity in respect of clinical claims. We also provide legal representation for hospitals and practitioners at inquests.

When a claim is made against a State authority under the Clinical Indemnity Scheme, the State authority remains the legal defendant and we take over responsibility for resolving the claim.

Claims are managed by clinical claims managers, with support from in-house or panel firm solicitors, as required, from their initial notification through to final resolution.

Our approach to assessing the liability of the State authority and resolving the claim is informed by our investigation of the claim, including an examination of medical records, review of any incident or investigation reports and consultation with the relevant practitioners, as well as a review of the relevant case law, expert reports and solicitor and counsel advices, where relevant.

Our role

Our role includes:

• Providing legal representation at inquests
• Conducting thorough and timely investigations of claims to conclude liability
• Commissioning medical and other expert reports
• Applying a notional contingent liability/reserve to the claim
• Developing a claims resolution approach and making decisions relating to claim resolution
• Appointing in-house solicitors or panel firm solicitors, where necessary, to assist with the claim
• Continuously reviewing claims and monitoring reserves/contingent liability
• Offering and engaging in alternative dispute resolution methods, such as mediation, and in settlement negotiations
• Preparing for and going to trial where the claim or level of compensation sought is disputed
• Liaising with the State authority during the claim resolution process and notifying it about the claim outcome
• Collaborating with our clinical risk advisers to develop learning from closed claims