IHCA calls for the recommendations of the Government’s clinical negligence Expert Working Group to be prioritised in Programme for Government

• 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. 

A Department of Health expert group, chaired by Professor Rhona Mahony, recently recommended various new approaches and mechanisms, including the introduction of pre-action protocols, with sanctions for any party who fails to adhere to them.¹

As outlined in the report, the primary driver of the rising cost of claims is the cost of care in a relatively small number of very serious injury claims. Over 50% of healthcare litigation costs come from just 2% of claims, mainly involving severe cases like perinatal brain injury and cerebral palsy.

Pre-action protocols have resulted in reduced legal costs in other jurisdictions, and it is anticipated that their introduction in Ireland would have a similar effect and lead to swifter resolution of claims.

Implementing these reforms will be crucial to accelerating the resolution times of claims, reducing the cost of litigation, and sparing patients and families from prolonged and stressful legal processes.

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

Commenting on the need for reform, IHCA President Prof Gabrielle Colleran said: “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. 

“The present litigation system in Ireland is excessively adversarial, with clinical negligence claims often taking several years to resolve. This is just adding to the distress faced by patients, their families and healthcare professionals. 

“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. 

“Importantly, such costs represent a significant drain on public funds and draw resources away from the provision of healthcare. By working together to implement these reforms, we can not only control rising costs but also ensure better outcomes for patients, healthcare professionals, and the public. The IHCA is eager to engage with the next government to make this vision a reality."

ENDS

Notes to Editors:
1.    Report of the Interdepartmental Working Group on the Rising Cost of Health-Related Claims 2024, Department of Health, 19 September 2024; www.gov.ie/pdf/?file=https://assets.gov.ie/298156/1b6aef4d-cd1b-4c3b-b56f-ac6f3ecb4b67.pdf

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