Consultants group calls for 'faster, fairer' system to resolve medical negligence claims

The Irish Hospital Consultants Association said: 'The rising cost of medical negligence litigation continues to divert significant resources away from frontline healthcare and improved patient services our health system urgently needs.'

A “faster, fairer” system to resolve medical negligence claims is urgently needed for patients and doctors, the Irish Hospital Consultants Association has claimed.

It warned the current system adds to pressure facing patients and the spiralling costs are unsustainable for the health services.

New data for the State Claims Agency showed 81% of the estimated outstanding liability from active negligence cases is linked to clinical negligence costs. 

This is despite clinical cases only making up 38% of active claim numbers. The overall estimated outstanding liability is €5.46bn for the State. 

The number of cases dropped slightly in 2025 compared to the year before but the estimated outstanding liability shot up by 21% in the same period, the National Treasury Management Agency's annual report shows.

It also mentions the “very high level of settlements” for infant cerebral palsy and other catastrophic injuries. In response, the Irish Hospital Consultants Association (IHCA) has called for “urgent reform” of the medical negligence system.

IHCA president Professor Gabrielle Colleran warned: “Ireland's approach to medical negligence is no longer fit for purpose and requires urgent reform.

“Too many cases become drawn out legal processes that can take years to resolve, creating unnecessary costs while prolonging what is already an extremely difficult experience for patients, families and healthcare professionals.” 

She said answers for patients or their families are delayed and so is accountability for any negligence. Access to compensation when this is warranted is also delayed.

“At the same time, the rising cost of medical negligence litigation continues to divert significant resources away from frontline healthcare and improved patient services our health system urgently needs,” she said.

Instead, she called for “a system that is faster, fairer and less adversarial for everyone involved”.

As part of the solution, the IHCA called for recommendations in a 2024 Department of Health report to be acted upon. This was published by a working group chaired by Professor Rhona Mahony.

Prof. Colleran said acting on these recommendations would help improve transparency and reduce unnecessary costs. It would also help direct health funding to patient care instead of “prolonged and avoidable litigation” she added.

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Specifically, the IHCA wants to see pre-action protocols introduced. These are procedures which parties to a legal dispute would follow to encourage early exchange of information and potentially settlement. 

The legislation for these exists since 2015 but they have not been implemented.

The doctors also called for earlier disclosure of medical records and greater use of mediation or early settlement when appropriate.

“The association welcomed recent moves by the High Court to make an attempt at introducing mediation as one of the conditions for getting a trial date,” a spokesman said.

• Niamh Griffin, health correspondent