Doctors and patient advocates unite to call for reform of medical claims process

Stock picture: Ros Drinkwater/Alamy

The Government has been urged by patients, healthcare workers, and lawyers to bring in “long overdue” reforms to the way that medical cases go through the legal system.

They want a reduction in the “human and financial costs” coming from medical negligence cases which can take years to resolve.

A letter to health minister Jennifer Carroll MacNeill and justice minister Jim O’Callaghan has called on them to bring in pre-action protocols.

These would offer guidelines on how people in dispute should act before it reaches the court.

The protocols are expected to bring in more mediation and settlements, and reduce the delays for everyone involved.

“We are writing to urge you to reduce the human and financial costs associated with clinical negligence claims, by taking the final steps needed to implement pre-action protocols,” the letter said.

“The delivery of pre-action protocols is long overdue and has been a commitment of successive ministers for both justice and health departments.

“The provisions already exist in section 219 of the Legal Services (Regulation) Act 2015.”

The letter, which was sent on May 9 and seen by the Irish Examiner, states that it is “a difficult decision” for patients or their families to go to court.

“As well as the personal and financial risk, patients face a protracted claims system which is overburdened, deeply traumatic and adds insult to injury,” it said.

“Our legal system should seek to mitigate further harm to patients and families.”

It also suggests the money the State spends on these cases would be better spent on healthcare. Challenges for doctors and other staff are also described.

The letter says existing systems can lead to “anxiety, depression and for some, the consideration of ending their clinical career or even suicidal thoughts”.

The letter was co-ordinated by the Medical Protection Society which works with doctors in Ireland and elsewhere. Others who signed include Patients for Patient Safety Ireland, Irish Patients Association, and Patient Empowerment.

Doctors groups are the Irish College of GPs, Royal College of Surgeons in Ireland, College of Anaesthesiologists of Ireland, and the Irish College of Ophthalmologists.

The Association of Anaesthetists, the Irish Dental Association, and the Irish Dental Hygienists Association also signed.

It was also signed by Hayes Solicitors LLP, Carson McDowell and Matheson LLP.

The Medical Protection Society previously showed a claim in Ireland takes just over four years on average to resolve, which is 56% longer than in Britain.

In one example of delays this year, Aoife Halligan Brown told the High Court the family had waited over seven years for their day in court. This followed the death of her mother, Aileen Halligan from Cobh.

She died after she was admitted to the Mater Private Hospital in Cork in 2017.

The Department of Health pointed to the working group on health-related claims report from last year in response.

“Government approved the establishment of an Interdepartmental/Agency Implementation Group to ensure that the recommendations made are implemented without delay. This work is progressing,” a spokesman said.

The Department of Justice was also approached for comment.