TDs heard from a range of lawyers, medico and dentolegal experts as well as dental and medical associations about the human and financial cost of the current clinical negligence claims process in Ireland, at an event organised by the Medical Protection Society (MPS).
The reception at Leinster House, hosted alongside Barry Ward TD, provided an opportunity for new and returning TDs to hear from a range of experts about why pre-action protocols are so urgently needed in Ireland for doctors, dentists and patients alike.
A 2024 report by MPS said protracted claims processes in Ireland are affecting patients’ and doctors’ mental wellbeing whilst also racking up legal costs that are among the highest in the world.
Pre-action protocols are a set of guidelines, laid out through legislation, which explain the conduct and steps a court expects parties to take before claims proceedings can commence. This encourages claims to be settled outside of the court and litigation and reduces the time the claims process takes.
Speakers at the reception told TD’s that change in this area is long over-due.
Speaking at the event, MPS Claims Team Lead, Sara Grewar, said: “MPS data shows that a claim in Ireland takes just over four years (1462 days) on average to resolve, which is 56% longer than in Hong Kong (940 days), the UK (939 days) and Singapore (938 days). The average legal cost for a claim in Ireland - €34,646 - is also 191% more expensive than in the UK, 26% more expensive than in Singapore and 56% more expensive than in Malaysia.”
Noel Kavanagh, Dental Protection’s Deputy Dental Director, said: “Patients and family members are clearly suffering due to the current system. No patient who experiences harm due to clinical negligence in Ireland should have to wait an unnecessarily long time to receive compensation, and neither party involved in the claim should be dragged through a process that is longer than it needs to be.”
Ellen Walsh, a Medicolegal Consultant at MPS, said: “Through our work representing over 16,000 healthcare professionals in Ireland we see first-hand the impact the painfully slow claims process has on the health and mental wellbeing of healthcare professionals involved. In addition to the personal and professional impact, these delays also have a negative impact on the delivery of healthcare as clinicians may adopt avoidance behaviors such as defensive medicine to try to minimise the risk of clinical negligence claims.”
Sinead Keavey, Partner, Carson McDowell, said: “Plaintiff and defence lawyers are ready for change. We have been working on the basis that change will come since 2010 when the then President of the High Court set up a Working Group on Medical Negligence and Periodic Payments. It is my experience, having defended doctors for the past 20 years in Ireland, that legal teams want to engage in more productive ways to reach early resolution for our clients.”
Mary Hough, Head of Healthcare, Hayes Solicitors, said: “We are so very close to being able to facilitate early resolution of clinical claims, reduce costs and achieve better and quicker outcomes for patients and clinicians.
“It is frustrating to have to keep apologising for a system that could easily be so much better for patients and clinicians - the best solution is often the simplest one. Pre action protocols and Case Management have been tried, tested and proven to be a success in other jurisdictions. It is crying out for the final steps to be taken to introduce them in the ROI."
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Notes to editors
The parliamentary event: ‘The human and financial cost of clinical negligence claims’ was held in Leinster House on Wednesday 5th March from 1pm – 3pm.
20 TD’s were in attendance.
Report: ‘The human and financial cost of clinical negligence claims’
For further information please contact: [email protected]
About MPS
The Medical Protection Society Limited (“MPS”) is the world’s leading protection organisation for doctors, dentists and healthcare professionals. We protect and support the professional interests of more than 300,000 members around the world. Membership provides access to expert advice and support and can also provide, depending on the type of membership required, the right to request indemnity for any complaints or claims arising from professional practice.
Our in-house experts assist with the wide range of legal and ethical problems that arise from professional practice. This can include clinical negligence claims, complaints, medical and dental council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal accident inquiries.
Our philosophy is to support safe practice in medicine and dentistry by helping to avert problems in the first place. We do this by promoting risk management through our workshops, E-learning, clinical risk assessments, publications, conferences, lectures and presentations.
MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.