The Department of Health is researching the option of a no-fault compensation scheme for children who suffer catastrophic birth injuries, Health Minister James Reilly has said.
Minister Reilly said while there are no plans at present to introduce a pilot for such a scheme, he has, however, requested for the Department to explore this area.
The Minister also confirmed that the Working Group on Medical Negligence and Periodic Payments, established by the President of the High Court, Mr Justice Kearns, is currently working on a report regarding the introduction of a Clinical Negligence Pre-action Protocol in Ireland, similar to protocols that exist in both Wales and England.
“The purpose of introducing such a protocol, which would have special application to cases involving catastrophic birth-related injuries, is to ensure the resolution of such cases as soon as is possible without the necessity for litigation,” Minister Reilly stated.
“If such a protocol was adopted, it would save on legal costs and preserve the patient/healthcare provider relationship”, he said, in response to a Parliamentary Question from Sinn Fein Deputy Pearse Doherty.
The protocol would also require a statutory amendment to permit the necessary changes to the Rules of Superior Courts.
Minister Reilly said that the working group has already made recommendations regarding the introduction of legislation to facilitate courts making provision for structured settlements or “periodic payment orders”.
These payments would occur in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another.
