Hospital consultants call for swift action to reform legal system around medical cases

Professor Gabrielle Colleran, IHCA president, called for the 'swift introduction' of long-promised new pre-action protocols.

Long-delayed plans to reform the legal system around medical cases must be a priority for the next Health Minister, the Irish Hospital Consultants Association has said.

Back in 2010 the then-president of the High Court set up a working group to look at this area leading to a piece of legislation in 2015 which is yet to come into force. Another report published last September showed over half the legal costs linked to health cases come from just 2% of claims.

Professor Gabrielle Colleran, IHCA president, called for the “swift introduction” of long-promised new pre-action protocols.

These protocols would make early resolution of allegations of negligence easier and are expected to improve timely communication between groups involved. 

“One of the first priorities of the next government should be the swift introduction of pre-action protocols to curtail the surging costs of litigation and to provide speedier resolution of claims for patients,” she said.

She described the legal system as “excessively adversarial”, saying medical cases can last several years. 

What's your view on this issue?

You can tell us here

“This is just adding to the distress faced by patients, their families and healthcare professionals,” she warned.

“The current protracted claims processes are not fit for purpose and are resulting in increased legal costs that are among the highest in the world.” 

The IHCA called for recommendations in the September 2024 report, chaired by Professor Rhona Mahony, to be implemented.

“Consultants have welcomed the government’s commitment, on the report’s launch, to establish a working group to ensure that its recommendations were implemented without delay,” they said.

“The IHCA looks forward to supporting the next Minister for Health in delivering on this commitment.” 

Amanda and Aidan O’ Reilly, living in Midleton, previously spoke to the Irish Examiner about the trauma they suffered during years of court actions following the death of their infant son Alfie.

“It’s wrong, we’ve suffered the greatest loss that you can,” Amanda said.

Aidan and Amanda O Reilly outside the Four Courts in July 2024 after they received an apology from the HSE after the death of their Baby Alfie after years of court actions. Photo: Collins Courts

“Liability lies with the HSE and, in an attempt to get justice and answers for Alfie, we’ve been put through four years of hell.

“We faced tactics and manipulation and insults from the HSE and the State Claims Agency and their legal team. The system shouldn’t be like that — not when admission of liability is given.” 

The O’Reillys spoke out to highlight the trauma this process and the inquest caused in the hopes of bringing about change.