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Consultants to set up new panel of Irish expert witnesses Expert witness workshops for consultants welcomed as an important step towards addressing cost of medical negligence claims – IHCA Hospital Consultants from across the country are attending two workshops this week in Dublin as part of a drive to establish a panel of expert witnesses from the Irish medical community, to enhance standards of independence and excellence in medical negligence cases. The Expert Witness Training Workshops, organised by the Irish Hospital Consultants Association (IHCA) and The Expert Witness Site, are taking place today (Tuesday 25th) and tomorrow (Wednesday 26th) at King’s Inns. The IHCA has partnered with The Expert Witness Site – an Irish organisation founded by barristers who source expert witnesses for legal teams involved in clinical negligence cases – to offer these masterclasses designed to reduce the Irish legal system’s reliance on overseas testimony. Led by experienced barristers, the workshops will give consultants a clear understanding of what acting as an expert witness entails, by enhancing their knowledge of current case law, explaining the duties of experts as established in court rules, and ensuring they do not fall into the common pitfalls often encountered by expert witnesses from home and abroad. The workshops form part of a wider move by the IHCA to champion a number of progressive reforms aimed at controlling the ever-increasing cost of medical negligence cases to the State and reducing the financial and emotional burden placed on patients and their families going through the claims process. These reforms also include: the introduction of pre-action protocols involving earlier disclosure of patient records, mediation and opportunities for settlement, with sanctions for any party who fails to adhere to them; the resumption of phased or periodic payments that spread the cost of claims over a lifetime; and a review of the real rate of return, which is the percentage applied by the courts to adjust the compensation awarded. Welcoming the workshops, the IHCA reiterated its call for the Government to fully implement the recommendations of the Department of Health’s 2024 report on the rising cost of health-related claims, which was chaired by Consultant Obstetrician and Specialist in Fetal and Maternal Medicine Prof Rhona Mahony and which recommended all of the above reforms.1 The Department of Health’s Expert Group report, chaired by the former Master of the National Maternity Hospital, was comprised of membership from across relevant government departments and agencies, and was established by former Minister for Health Stephen Donnelly, who at the time of its publication called for its recommendations to be “implemented without delay”.2 Commenting on the workshops and the need for reform, IHCA President Prof Gabrielle Colleran said the current protracted claims processes are not fit for purpose and are resulting in not only increased legal costs that are among the highest in the world, but also significant human costs resulting from the litigation process. “As an Association, we believe there is an urgency to address the spiralling cost of litigation that is draining both resources and morale from the health service. Despite a welcome reduction in the sum of medical negligence claims paid in 2024, the current estimated outstanding liability associated with the State Claims Agency claims portfolio is €5.35 billion3, which could rise further if the status quo continues unchecked. “Consultants want to see the reforms outlined in Prof Rhona Mahony’s report progressed without further delay, as not doing so will only increase the cost to the State and worsen the experience of the processes involved for patients. The parallel human cost of litigation is significant, and these reforms are required to improve the patient’s journey through the medical negligence process and ensure no further harm is done by its adversarial nature. We will continue to engage constructively with policymakers and stakeholders to ensure these reforms remain a top priority, while keeping the patient at the centre at all times. “This progressive partnership with The Expert Witness Site to hold these workshops this week is the start of a forward-thinking strategy whereby the Association will develop a panel of expert witnesses from our membership to ensure that the highest standards of independence and excellence in expert evidence are upheld – reducing our system’s reliance on overseas testimony and, in doing so, helping to cut costs and enhance credibility in our courts.” Commenting on the workshops, Barrister Eavanna FitzGerald, founder of The Expert Witness Site, added: “We are delighted to be collaborating with the IHCA on this hugely important project. The administration of justice relies on experienced professionals providing independent guidance to the court on their area of expertise; and the IHCA and their members are to be commended for leading the way in developing a panel of Irish Consultant Expert Witnesses who are fully informed as to the legal duties and responsibilities associated with the role.” Notes 1. Report of the Interdepartmental Working Group on the Rising Cost of Health-Related Claims: https://assets.gov.ie/static/documents/interdepartmental-working-group-on-the-rising-cost-of-health-related-claims-2024-repor.pdf 2. Department of Health press statement, 19 September 2024: https://www.gov.ie/en/department-of-health/press-releases/minister-for-health-publishes-the-report-of-the-interdepartmental-working-group-on-the-rising-cost-of-health-related-claims/ 3. National Treasury Management Agency (NTMA) Annual Report & Financial Statements 2024: https://www.ntma.ie/annualreport2024/documents/NTMA-Annual-Report-2024.pdf For further enquiries, please contact: John Paul Hughes, Head of Communications & Engagement, IHCA jphughes@ihca.ie - 085 77 66 393

  The Irish Hospital Consultants Association (IHCA) supports the commitment in the updated National Development Plan for 2026 to 2035 to prioritise the digitalisation of the health service.    Commenting on the report today, IHCA President Prof Gabrielle Colleran said the full roll-out of Electronic Health Records (EHRs) will be a “once-in-a-generation opportunity” to transform the Irish health services’ digital infrastructure and help dramatically improve patient care.    “We fully endorse and support the decision in the National Development Plan to prioritise health digitalisation. This would be transformational in nature and a once-in-a-generation opportunity to catch up on other countries where digital health records are the norm, enhancing productivity, healthcare outcomes, and service experience for citizens.”     

“Consultants have no issue working at weekends — in fact, they have done so for decades as part of their commitment to patient care. This is further underscored by the reality that two-thirds of all consultants have voluntarily signed up to a new contract since 2023, which explicitly includes weekend work as a core requirement. The notion that weekend care is something new for consultants is inaccurate. What we do welcome in this agreement is the provision of additional support staffing at weekends to enable our members to continue delivering care safely and effectively.    “However, it must be acknowledged that there is a finite number of consultants in the system. Simply rearranging rosters does not address the underlying and chronic issues facing our health service. The core problem remains a capacity crisis — a shortage of beds, staff, and facilities — and any initiative that suggests otherwise risks creating a misleading sense of reassurance. We will continue to support all measures that genuinely enhance access and outcomes for patients, but real solutions will require long-term investment and structural reform.”    ENDS    Aiden Corkery | aiden.corkery@finnpartners.com | (087) 0505904 

“The Irish Hospital Consultants Association (IHCA) has repeated its calls to protect the safety of civilians and health workers in Gaza, following latest reports of a risk of famine with the deliberate withholding of humanitarian aid, including food, in the ongoing 11-week blockade of the region.

Statement by the Irish Hospital Consultants Association on the release of Medical Workforce and Recruitment and Retention Reports from the HSE National Doctors Training and Planning (NDTP) unit The Irish Hospital Consultants Association (IHCA) has said that the slowdown in the growth in the number of approved Consultant post needs to be addressed if the increasing demand for specialist hospital and community care is to be adequately met.

Consultants’ symposium on psychiatry makes strategic recommendations on workable solutions to elements contained within the Mental Health Bill 2024 to empower care and enhance access to treatment for vulnerable patients.  Irish Hospital Consultants Association Vice President, Professor Anne Doherty: “While we welcome the broad principles of the Mental Health Bill, we, as an Association, have some concerns in relation to ensuring access to psychiatric services in a timely and care-oriented manner.” The Irish Hospital Consultants Association (IHCA) has today launched its position paper outlining concerns and a number of strategic considerations in relation to key elements of the recently published Mental Health Bill 2024.

The Irish Hospital Consultants Association (IHCA) strongly condemns the recent bombing of Al Nasser Hospital, and repeats calls for all parties to uphold their obligations to protect the safety of healthcare workers and patients under international law.

“The Irish Hospital Consultants Association (IHCA) welcomes the latest data from the State Claims Agency on medical negligence payouts, which underline the ongoing patient safety and financial challenges facing Ireland’s healthcare system.

Over 50% of healthcare litigation costs come from just 2% of claims, mainly involving severe cases like perinatal brain injury and cerebral palsy Collaborative reform needed to accelerate resolution of medical negligence claims   The Irish Hospital Consultants Association (IHCA) is calling for the forthcoming Programme for Government to include the implementation of the recommendations of the Department of Health expert group regarding reform of clinical negligence claims.