The State Claims Agency (SCA) has paid out more than €1.4bn in just four years since the start of 2021 in settling medical negligence or service-failure-related claims, according to stark new figures.
All told €1.440bn has been paid out in that time via a combination of legal costs for both the agency and plaintiffs, expert costs, and – overwhelmingly – damages.
Some €1.06bn in damages was paid over the four-year period, though that figure has reduced from €285m in 2021 to €210m as at the end of last year.The figures were released to Social Democrats TD for east Cork Liam Quaide.
The heaviest year in terms of damages was 2022 when €289.1m was paid out to plaintiffs.
The SCAhandles personal injury and third-party property damage claims against the State and its subsidiaries, such as the HSE.
In terms of the agency’s own legal costs, €109m in fees was incurred over the four years, with that figure rising from €25m in 2021 to €32m last year.Plaintiff legal costs, meanwhile, stood at €232.4m over the period in question, rising steadily from €44.7m in 2021 to €70.5m in 2025.
It is unclear why legal costs have steadily increased but damages were reduced by €65m in 2024.
Medical negligence cases
Medical negligence cases are typically tragic in nature, with patients and their families accessing the courts system in order to secure reparations for often catastrophic medical events involving their loved ones.Despite this, the overwhelming majority of those cases taken are settled outside of court.
Of the 2,593 clinical care claims finalised between 2021 and 2024 just 35, or just over 1%, were delivered via a court ruling.This fact has led historically to criticism of the HSE in particular for allegedly exacerbating the suffering of the patients taking the cases given the imbalance of power between the State and the individual, with settlements often delivered at the last minute before a case goes to trial.
Typically, medical negligence cases in Ireland take close to 18 months longer to resolve than similar cases in Britain, with an average claim taking just over four years to resolve, according to a 2024 analysis by the Medical Protection Society.
The HSE was asked whether or not it considered the €1.4bn paid out in medical negligence damages as representing value for money for the taxpayer, and also as to why so few such cases go to a full court hearing.The body deferred the query to the SCA.
A spokesperson for the SCA said that in managing claims against the State its responsibility is to “ensure that the liability of the State is contained at the lowest achievable level”.
“In carrying out its claims management function, the SCA seeks to act fairly, ethically, and sensitively in dealing with people who have suffered injuries and their families,” they said.
The spokesperson added that it is “normal” for cases involving “complex liability and causation factors" to be withdrawn prior to trial, adding that the SCA “favours mediation wherever possible to resolve cases”.
Commenting on the figures, Mr Quaide noted that the amount of damages paid had “significantly declined” last year.“However, despite this, legal costs - for both plaintiffs and the State – and the cost of expert reports continued to climb,” he said.
“It is important that there is transparency around these costs and the figures should be examined in further detail when the Oireachtas Committees are finally established.”
