Dáil Éireann Debate, Wednesday - 26 June 2024
172. Deputy Peadar Tóibín asked the Minister for Health the number of persons who are taking or have taken cases against the State alleging that their unborn baby was wrongfully diagnosed and subsequently aborted; the number of claims notified to the State Claims Agency; the number of cases ongoing; and the number of cases which have been settled. [27319/24]
Amharc ar fhreagraThe 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.
