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THE HEALTH SERVICE EXECUTIVE paid out over €46,735,000 on legal fees last year. This is an increase of more than €10 million on figures for 2011.
In total, since 2005 the HSE has paid out more than €254,692,000 on legal fees.
The HSE confirmed to TheJournal.ie that yearly legal spending figures are:
2012 - €46,735m
2011 - €35,966m
2010 - €40,599m
2009 - €44,574m
2008 – €36,618m
Previously, it was revealed through a parliamentary question, the HSE’s bill for legal fees for 2007 amounted to €30.3 million, while it spent about €20 million in legal costs in both 2005 and 2006.
The HSE’s annual legal bill had significantly reduced in recent years – down from a high of €45 million in 2009, however, the the legal costs for 2012 were at an all time high.
The HSE stated that the figures for 2013 are not validated yet and will be published in the 2013 Annual Report and Financial Statements in 2014.
Health budget in trouble
Last week, it was estimated the HSE will need nearly €200 million in extra funding this year as a result of budget overruns.
With the health budget in trouble, fighting medical negligence cases through the courts at the cost of millions of euros is something that organisations and politicians are saying should stop.
Just last month, the parents of a young boy who suffered catastrophic brain injuries during birth was awarded a settlement of €8.5 million. However, Jean Gaffney and Thomas Hayes said it took them years of battling the HSE and the State Claims Agency to get a result and an apology.
This month, the HSE also agreed a settlement of €790,000 with the family of Dhara Kivlehan who passed away after giving birth at Sligo General Hospital in September 2010, which was another lengthy court case.
Deny and defend
A conference in November on medical negligence said the health service could save millions if the traditional deny and defend policy was replaced.
Speakers at the event said the traditional “deny and defend” method used by hospitals when accused of medical negligence was costing millions to the HSE and that both the States Claims Agency and the Health Information and Quality Authority (HIQA) backed recommendations that a more open, honest and transparent system was needed.
Speaking to TheJournal.ie, one of the key speakers, Dr Timothy McDonald, Professor of Anaesthesiology and Paediatrics at University of Illinois and Chief Safety and Risk Officer for Health Affairs for the University of Illinois, Chicago said that often patients and family of patients just want an apology after a mistake has been made and rarely do they want to be dragged through the courts system.
He said since the hospital he worked in introduced a candour system they have saved tens of millions of dollars.
Buried in legalities
He said:
A candid approach leads to better learning for our nurses, doctors and surgeons and a quicker resolution can be achieved, one that is a lot more fair for the patient and will ensure that money does not get drained from the health service’s finances and buried into the legal system.
The HSE said the bulk of its legal costs were incurred in relation to its childcare services, about 60-65 per cent. The HSE is legally obliged to go to the High Court whenever a court order is needed to take a child into care.
The HSE added that the delivery of services by solicitors is done through a competitive tender process, which they said since its introduction in 2011 is “delivering better legal outcomes at a lower legal cost”. They stated:
The implementation of this contracting model has reduced both the cost of and demand for solicitors services.
The model for the delivery of legal services involves in excess of thirty law firms all of whom have been qualified by HSE to deliver services through four geographical panels – each panel representing a HSE Administrative Area.
“The law firms on these panels will be used to delivers advice and services across a broad range of legal areas such as Child Care, Environmental Health, Mental Health, Disability etc reflecting the breath of services and activities of the HSE,” said the HSE.
The legal firm of Arthur Cox manages the law panels and acts as the service manager for the contract. They are also tasked with responsibility of “providing HSE with all of its corporate legal advice”.
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A very poor performer in Government, – Minister for Children- , did nothing , became Justice Minister because Shatter was forced out, was then forced out Herself. I think She would be particularly weak.
@Eugene Comaskey: poor is not the word. Absolutely useless, not a clue what her duties were to the people of Ireland. Defended and covered up for her party nothing else. Keep her in Brussels and make sure she’s isolated for 14 days if she does come back.
@Matt Humphries: Mary Harney will be running next…
@Eugene Comaskey: I agree completely.
I couldn’t imagine her accomplishing anything, ever, in any circumstance.
@Eugene Comaskey: waste time her UNPROFESSIONAL in minister of children and could be same she fiddy in eu trade commissioner
@Eugene Comaskey: totally agree! Sergeant Mc Cabe would agree too I’m sure
@Eugene Comaskey: It just shows the arrogance of these people in all fairness..Frances Fitzgerald would run a Childs birthday party successfully never mind a European Commission….Christ give us all strength .
@James Hayes: wouldn’t say Mary Harney ran anywhere.
@Eugene Comaskey: Agree with your opening comment and would like to add that SiCo’s performance in govt to date has also been underwhelming to put it mildly, he did a disappearing act when Minister for Housing and has allowed the Vulture Culture to thrive while homelessness gets worse. Golfgate which needs further investigation was an eye opener to Irish society, some of the guests of well known political figures are major players in the housing industry who benefited from the recent legislation with regard to hearsay evidence.
@Brian Flavin: All this here just goes to show that they do not Really care who actually gets the job, – they have the incorrect criteria , it is about fixing up Someone in a “Well Paid Job” , that is their concern.. Of any, Mairead McGuinness is probably the best placed,She has been out there for years, She is very well known there and they respect her. but , Is She well enough in with the powere that be here at home??.
If she gets it before Máiréad McGuinness, I’ll just shake my head in disbelief.
@Patrick J. Keating: agreed.
@Patrick J. Keating: I wouldn’t be a fan of either of them but of the two I’d sooner see Mairéad McGuinness get it, I think she’d be better able for the job.
@Patrick J. Keating: Agreed
Maurice McCabe would definitely do a better job than Frances.
Of course she’s interested, more like the money. She was a so called Councillor in Clondalkin and the only time you heard anything or seen her was when there was a local Election, she’s as arrogant as Phil Hogan.
Oh the crooked cabal is still functioning just perfect..
Jeez, talk about scrapping the very bottom of the barrel, a f1lthy d1rty barrel that hasn’t been used in years, covered in maggots and f1lth
@Eddie O’Neill: not scrapping. Scraping!
I would prefer Stevie Wonder to drive me home , rather than give her the commissioner role .
@Kevin Daly: Some people say that Stevie is not blind at all. Just an act.
@Kevin Daly:brilliant
@Willie: You might be on to something there Willie, I remember the words in one of his songs ” lately I,ve been staring in the mirror”.
She specialised in setting up committees, steering groups, focus task forces and whatever you’re having yourself. Hopeless performer in Dáil Éireann.
@Mickety Dee: nah, the same failed public servants keep coming back to the table time and time again. This yoke failed miserably in the McCabe debacle. Watch Jerry Buttimer pop his head up again next year when he has laid low for a while. The useless never go away once they’ve had their nose in the troughs
@Mark: they treat politics like a business a family business at that. But then again Muppets keep voting them in
She’s gone way by her sell by date
didn’t Europe ask for a male &a female? who said anything about bovine?
@Dean Anderson: Nice bit of misogyny lad, you must be very proud of yourself?
Please god no!
Seriously couldn’t make this up. As if Ireland isn’t already a laughing stock around the world thus us the best we can come up with.
And I was worried Joan Burton could get the job
If the EU even consider her than Ireland’s future is doomed.
Another day. .another pension opportunity
Might apply for that gravy train job myself.
Mmm Bisto
Come back Hogan, all is forgiven
The decoy.
@l:
Bingo
She should be in jail
@Sean Reddin: On what grounds pray tell?
@James Walsh: Being a member of a corrupt, lying torag of a party. I could go on but I hope you get my jist.
She should be locked up
No thanks
How sickening would that be! It would be like the EU giving us the too fingers!
@Colette Kearns: It’s the Irish govt who propose the candidates not the Commission itself. We are part of the EU btw, it’s not them and us.
She is a disgrace ot politics over how she treated Maurice McCabe.
She’s close pals with Leo I believe?
‘Dustin the turkey’ would be a better candidate than spoofer Harris’s mentor.
We must take our role in Europe seriously, We must look further then our own borders and help our friends in Europe build a stable, safe and inclusive Europe. Not for ourselves but that future generations can enjoy the same European dream we all grew up with. Standing together as independent nations that can weather storms from America, Russia and china.
Oh FFS. The usual Merry Go Round of Political Elite.
If Francis Fitzgerald gets it I can only imagen the Headlines..A minister who resigned replaces Commissioner who has resigned twice…F.G.stated the Brits would be laughing in Westminster..They will be F..king Hysterical when they hear this.
Just do a Eurovision on it and send dustin the turkey.
Unfortunately missed out o this, Frances. Couldn’t find your email……
No way
Oh jesus no
Ah give it a rest….
@James Hayes: as in go back to that hole you crawled out of Francis, I’d rather see my ex wife doing it…
Mairead McGuinness is a much better candidate for the role.
It wouldn’t surprise me if “Big Phil” had the neck to apply for the covid payment, after all he did lose his job because of Covid.
The bigger failure u r the more u get rewarded in Brussels. What does that tell ya??
@Damian Mac An Bháird: She hasn’t been appointed to anything yet, just put her name forward. She shouldn’t get thejob as Mairead McGuinness is a much better candidate. It was the electors of Dublin who put her in the EP though, take it up with them.
@James Walsh: ah hows it goin james me auld fg bot
@Damian Mac An Bháird: Tells you a vote for FFG is a vote for more corruption..
God FG don’t have many people with credibility in thier party these days. Lots of poor politicians & bullies like Leo, Simon & Murphy, ODoherty & Hogan. Then you have Farrell, Bailey and as for Frances – neck like jockeys ….
Von der Leyen asked Ireland to propose two names, a man and a woman. Now just suppose that the Ireland’s government want Coveney to be Hogan’s replacement. What better way to achieve it than by nominating Coveney and Fitzgerald?
Just supposing…
@Lesidees: she’d still pick the female candidate
Ah really ? Clear from the start of this debacle that either Simon or Leo are looking at it .
I had contacted a TD about Garda harassment and he was about to bring a Parliamentary Question in Government Buildings. We were very disappointed when Frances Fitzgerald disallowed it to happen. She was Minister for Justice was aware about our case. The Gardai called to our home before this happened and tendered an apology for the Garda harassment. Why did she disallow the Question? The TD did nothing else about our case.
Hard pass
So many people commenting here don’t know that Frances is a sitting MEP.
@Frank Carty: She has a stature similar to Michael Lowry.
@Cookie: The people of Dublin elected her none the less.
Going by the excellent performance of both Simon Coveney and Máraid McGuinness in Brexit discussions and politics I feel either candidate would do a good honest job in looking after our interests within the European Community.
Frances Fitzgerald are Her Missing emails tusla.ie Disband Tusla Now! Tusla Bosses email to Staff/Social Workers ahead of the Maurice McCabe Report “We Can Weather this Frances Fitzgerald Storm . McCabe Family are the Tip of Tusla iceberg in Secret False Tusla Data Reports Files McCabe Caught Out Tusla Thru FOI Request They had Falsified Reports on Tusla Secret Files He Raped Two Children
McGuinness & Coveney decent candidates of merit. Fitzgerald a very poor candidate , Co. Council height of her lack of talent
Frances F got shafted by the boys – typical carry on from FG and FF particularly with Leo V
@Woman On the Up: I think you will find it was an honest cop that was the one who got shafted…
Not the one with the ministerial pension along with the MEP money .
have your say