Medical negligence claims take 520 days longer to resolve in Ireland than UK

Medical negligence claims take 523 days longer on average to resolve in Ireland than the UK.

Medical negligence claims take 523 days longer on average to resolve in Ireland than the UK with significantly higher legal costs as well as distress for patients and doctors, the Medical Protection Society said.

The analysis found Irish patients wait longer for compensation than in other countries studied and almost half of doctors who experienced a claim against them are thinking about leaving the profession. 

A claim takes on average 1,462 days (just over four years) to resolve here.

This is 14% longer than in South Africa (1,279 days) and 56% longer than in the UK (939 days), Hong Kong (940 days) and Singapore (938 days).

Patients and doctors are “dragged through what can be a brutal process”, the MPS warned.

Doctors, quoted anonymously, called for “a complete overhaul of the medical negligence culture”.

One described "suicidal thoughts” and another said: “It was horrendous. I had to leave medicine after it.” 

The MPS, which supports and protects over 16,000 healthcare professionals in Ireland, called for “urgent implementation of pre-action protocols to speed up clinical negligence claims”.

These protocols would give legal teams the opportunity to share information and potentially resolve claims sooner, without going to court.

There has been provision for their introduction since 2015. 

Overall 88% of 200 doctors surveyed worry about the time involved. While 91% worry about their mental wellbeing and 44% are reconsidering their future as a doctor.

There was near-total support for legal reform.

Data was analysed over 10 years up to December 2022.

“The average legal cost for an Ireland claim managed by MPS is €34,646 which is, for example, 26% more expensive than in Singapore (€27,449), and 191% more expensive than in the UK (€11,911),” they found.

Dr Rob Hendry, MPS medical director, said: “Being involved in a clinical negligence claim can be brutal for both patients and doctors in any country.

“In Ireland however, this is made much worse by a painfully slow process – longer than in any other country where we have members.” 

On doctors, he said: “some quit medicine which is the last thing we need”. 

He added: "State Claims Agency data also shows an eyewatering €84.9m was spent on legal and expert costs in 2022 – money that could be otherwise available to the HSE." 

He warned patients wait “an unnecessarily long time to receive compensation” and other research shows “patients also describe the process as excruciating and adding insult to injury.” 

That study was carried out by Dr Mary Elizabeth Tumelty, senior lecturer in law at University College Cork.

Patient Focus told her: “[People find the process] excruciating… painful, adds insult to injury frequently”.

One barrister told her: “I think people are often worn down, particularly in the bigger cases and you see that.” 

Pre-action protocols were listed again in the Justice Plan 2023 for introduction by the Department of Justice following a similar listing in 2022. 

There has been provision for their use for a number of years under the Legal Services Regulation Act 2015. 

A Justice Department spokeswoman said: "The Department of Justice is developing draft pre-action protocol regulations, the purpose of which will be to encourage early resolution of allegations concerning clinical negligence and early settlement of such actions. It is intended to publish these in 2024."