HSE liability for medical errors and insurers' involvement in resulting court cases.

davidcameron

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Family slam 'unforgivable' treatment from HSE following award of

In the Comments section of the page I've linked in this OP, "Hamish 32" (21 November 2017, 7:43 PM) said:

Is the reluctance to admit to liability being driven by the medical insurance companies? Car drivers, for example, are warned that admitting liability when involved in an accident can/will invalidate their policy.

The quote below refers to the situation in US Hospitals. Perhaps it is the same here.

“Medical malpractice insurance policies customarily contain a “cooperation” clause requiring insureds to cooperate with the insurer’s efforts to defend the insured against a claim. A common stipulation in this clause forbids the insured from “admitting liability” to an injured or harmed party. “
If the organisations that provide insurance for the HSE in the event of medical errors taking place are preventing the HSE from accepting liability at an early stage in these cases, then why don't the HSE and the government talk to the managers of those companies and say to them, "Do you not have any sympathy for the families of the children who are suffering because of medical errors? After all, many of you are parents. So why don't you voluntarily put a cap on the insurance premiums so that the HSE is free to accept liability for these mistakes at an early stage?"?
 


publicrealm

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Family slam 'unforgivable' treatment from HSE following award of

In the Comments section of the page I've linked in this OP, "Hamish 32" (21 November 2017, 7:43 PM) said:



If the organisations that provide insurance for the HSE in the event of medical errors taking place are preventing the HSE from accepting liability at an early stage in these cases, then why don't the HSE and the government talk to the managers of those companies and say to them, "Do you not have any sympathy for the families of the children who are suffering because of medical errors? After all, many of you are parents. So why don't you voluntarily put a cap on the insurance premiums so that the HSE is free to accept liability for these mistakes at an early stage?"?

Do you mean a cap on payouts, rather than premiums?
 

davidcameron

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Do you mean a cap on payouts, rather than premiums?
The point is that early admission of liability would void the insurance policy. The insurers could offer not to void the policy in that circumstance in order to be compassionate towards affected families.
 

publicrealm

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The point is that early admission of liability would void the insurance policy. The insurers could offer not to void the policy in that circumstance in order to be compassionate towards affected families.

I think it would only work if the numbers stack up for the insurers. An obvious concern would be opening the floodgates to claims - albeit they seem leaky enough as is.
 

davidcameron

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I think it would only work if the numbers stack up for the insurers. An obvious concern would be opening the floodgates to claims - albeit they seem leaky enough as is.
If it's blindingly obvious that hospital staff made an error that caused serious injury to the patient then I don't see how the insurer would lose money by letting the HSE admit liability early.
 

bactrian

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Family slam 'unforgivable' treatment from HSE following award of

In the Comments section of the page I've linked in this OP, "Hamish 32" (21 November 2017, 7:43 PM) said:



If the organisations that provide insurance for the HSE in the event of medical errors taking place are preventing the HSE from accepting liability at an early stage in these cases, then why don't the HSE and the government talk to the managers of those companies and say to them, "Do you not have any sympathy for the families of the children who are suffering because of medical errors? After all, many of you are parents. So why don't you voluntarily put a cap on the insurance premiums so that the HSE is free to accept liability for these mistakes at an early stage?"?
While not 100% sure , I believe that the HSE are their own insurers. There is nothing stopping them from admitting errors or liability other than their own intransigence and policy of dragging out the plaintiff's misery
 

soubresauts

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While not 100% sure , I believe that the HSE are their own insurers. There is nothing stopping them from admitting errors or liability other than their own intransigence and policy of dragging out the plaintiff's misery
Nothing stopping them? There's a bit more to it than that. In many cases there are powerful self-important individuals (with many letters after their names...) who stand to lose face, or even their precious reputations.

For instance, why doesn't the HSE put an immediate stop to the utterly unscientific policy of mandatory water fluoridation (unique in the democratic world) which is wasting public money as well as public health? It can only be explained by some unwritten policy of protecting at all costs the reputations of a few powerful individuals.
 

Schuhart

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While not 100% sure , I believe that the HSE are their own insurers.
Substantially correct - the State, rather than the HSE alone, is its own insurer.

Clinical Indemnity Scheme - State Claims Agency

http://www.audgen.gov.ie/documents/annualreports/2012/report/en/Chapter29.pdf

29.33 The SCA resolves the majority of CIS claims by negotiating a settlement, either directly with the plaintiff’s legal team, or through a process of mediation. The SCA advocates mediation as a preferable alternative to the adversarial courts system for resolving clinical negligence cases. Mediation may be initiated by the parties or suggested by the court.

....

29.35 Less than 3% of CIS claims are resolved through the courts. The cases that do go to court are generally those involving infant cerebral palsy or other catastrophic injuries.
The issue is simply that people don't have a reason to settle with the CIS in the 3% of cases where the claimants and their legals expect that the Courts are going to give them a fortune.
 

Fats_Portnoy

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The point is that early admission of liability would void the insurance policy. The insurers could offer not to void the policy in that circumstance in order to be compassionate towards affected families.
Take a look at your car insurance policy. It will say something very similar.
 


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