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State Claims Agency

Dáil Éireann Debate, Wednesday - 26 June 2024

Wednesday, 26 June 2024

Ceisteanna (171)

Peadar Tóibín

Ceist:

171. Deputy Peadar Tóibín asked the Minister for Health the total number of adverse incidents reported to the State Claims Agency which related to the Health Regulation of Termination of Pregnancy Act 2018 in each of the past six years, and to date in 2024; for details of the outcomes of claims taken against the State in relation to the Act; the number of claims settled or ongoing; and if he will make a statement on the matter. [27318/24]

Amharc ar fhreagra

Freagraí scríofa

I have referred the part of the question that relates to the number of adverse incidents reported to the HSE, for direct reply to the Deputy.

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of State Authorities including the Health Service Executive.  I have been informed by the SCA that the information below has been extracted from the National Incident Management System (NIMS).

The SCA has two ongoing claims from persons alleging that their unborn baby was wrongfully diagnosed with a condition sufficient to bring them within the scope of the Health Regulation of Termination of Pregnancy Act 2018. It is inappropriate to provide the years of claims, as to do so could have the effect of identifying individual cases. 

Definitions

National Incident Management System (NIMS): 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.

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.

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