Letters to the Editor: Pre-action protocols will cut medical claims costs

The delays stem from the lack of mechanisms, such as pre-action protocols, which allow for early resolution. 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 can commence. Picture: Andy Dean Photography

Regarding Niamh Griffin’s article — ‘Our adversarial system pits medics and their patients against each other’ (Irish Examiner, March 19) — this rightly highlights the distressing and lengthy process to resolve clinical negligence claims for all involved.

A recent Medical Protection Society (MPS) report shows that the slow litigation processes in Ireland are affecting patients’ and doctors’ mental wellbeing and racking up legal costs that are among the highest in the world.

The delays stem from the lack of mechanisms, such as pre-action protocols, which allow for early resolution. 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 can commence. This encourages claims to be settled outside of litigation and reduces the time the process takes.

Pre-action protocols are not new, nor are they revolutionary. In fact, they have been widely accepted as needed in Ireland by the great and the good over the last ten years, and the Government has committed to their introduction in both the 2022 and 2023 Justice Plan. We are however still waiting for the necessary regulations to be introduced.

This vital reform really needs to be delivered without further delay, and we will continue to press the Government on this. With damaging effects to doctors’ mental wellbeing, significant delays to patient’s receiving compensation, and eye watering legal costs — clearly the status quo is no longer sustainable.

Dr Rob Hendry, Medical Protection Society, London

No time for evil war

As we witness daily reports of an impending famine in Gaza and hear corresponding news that Israelis within Israel remain indifferent to these reports, it appears as a real possibility that millions of my sisters and brothers in Palestine will starve to death just as millions of my ancestors starved to death in the Irish famine of 1845 to 1852.

Unlike the case of my ancestors, there are no coffin ships that will carry Gazan children to a new life and safety.

Meanwhile the Israel Defense Forces are killing Palestinians with impunity along the Gaza Strip. Netanyahu and his generals call this a war and vow to continue the killing “until Hamas is defeated”. In other words “until there remain only Jews in Israel”. He has quoted Scripture to support his views. The offending words from Ecclesiastes on which he relies are: “There is a time for war”.

As a pacifist, I say “there is no time for war”. War is evil in itself. Its modus operandi is the killing of other human beings. It brings with it all kinds of evil — rape, famine, torture, dispersion of refugees, disease, misery, attacks on hospitals, etc. There is no such thing as a just war. If war itself is evil, how can any war be just?

Applying all of this to events in Gaza and Israel, and recalling that the US helped to bring peace to Ireland I appeal to fellow Mayo man, US president Joe Biden, to stop sending billions of dollars to Israel. This money is being spent on the weapons that kill, maim, and — ultimately — starve Gazan children. Every child’s death in Gaza can be traced back to the US dollars given unconditionally to Israel. With any such planned future gift, strict terms and condiitons should apply.

Justin Morahan, via email

Religious teaching

If Catholic parents sincerely want their children to have a truly Catholic religous education according to the most exact meaning of the word “Catholic” which means “universal” then, I believe, their children should accordingly receive a much broader type of teaching of what all other establised religions stand for than what they are presently getting in Catholic ethos schools up to now. This is because most Catholic teachers must have a limited personal experience of what other religions are like because they never believed in what other people of different faiths really believe in from day to day.

The best way, I believe, for this to happen is for Catholic ethos schools to regularly invite religious expert teachers who belong to other religions as well as to other faiths to come to their schools and explain to their young Catholic students what their own religions are about.

Thus by providing a wider understanding of what other
religions stand for in this particular intimate way Catholic ethos schools would at last be able to live up to the full meaning of what the word “catholic” really implies.

They would happily also, I believe, significantly empower more the young minds of the children who attend them so that these children can achieve a greater understanding of what all religious teachings stand for in this modern world. Empowerment being naturally the true aim of what all education (including religious education) should stand for.

Sean O’Brien, Kilrush, Co Clare

It’s an insane world

In the words of John Lennon:

“I think our society is run by insane people for insane objectives ... we’re being run by maniacs for maniacal ends … I’d be very pleased to know what they think they’re doing. I think they’re all insane ... I think I am liable to be put away as insane for expressing that; that’s what’s insane about it.”

Considering the situation in Israel and Gaza, and speaking of America, the UK, the EU, and especially the UN the lunatics are indeed running the asylum ... and common sense, even common humanity are insanely rare or absent.

Mary Robinson, chair of The Elders (independent global leaders for peace, justice, human rights and a sustainable planet) spoke out, and said that the Taoiseach had a golden opportunity to urge Joe Biden personally to stop (or at least pause) arming and funding Israel. It’s never too late to say stop; in the name of God, stop the killing.

Kevin T Finn, Mitchelstown, Co Cork

Caring for carers

I would like to make several points about what carers need.

Carers allowance should provide a living wage;

Family carers should be paid the same as those employed as carers;

Carers allowance should not be means tested and should rise with cost of living;

Adequate respite should provided based on expert advice to ensure the health of carers;

Additional respite should be provided as assessed by doctor/ social worker;

Support should be provided from health and social care personnel to provide help and advice to carers on issues arising from the care situation.

Desmond Moore, Gorey, Co Wexford

Ireland should stop facilitating US army

Following his meetings with the US president in Washington, the Taoiseach Leo Varadkar told us Joe Biden has made clear his intention to continue sending Israel the weapons of war that are being used against civilians in Gaza.

As the Taoiseach correctly pointed out, these US weapons are not utilised for “self-defence” (of settler-colonialism). They are being used for mass murder and ethnic cleansing.

More than 12,000 children are among the dead and thousands more have been horribly maimed. More have died from malnutrition and the people of Gaza are now enduring famine conditions.

Mr Biden politely ignored the Irish Government’s soft diplomacy on the Gaza catastrophe during the St Patrick’s Day events. The next step should be for Ireland to take purposeful action to underline the distress felt in this country over the US role in the massacre in Gaza.

The facilitation of the US army at Shannon Airport — a breach of Irish military neutrality anyway — should be ended. Also, the Irish State should stop approving overflights of US aircraft that are carrying munitions to the Middle East. These simple measures would send a strong message.

Fintan Lane, Lucan, Co Dublin

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