Medical negligence system needs urgent reform to tackle unacceptable delays for patients - IHCA
Urgent Government action required to address €5.46bn liability in negligence claims and drawn out legal process, says Irish Hospital Consultants Association
Urgent reform of Ireland’s medical negligence system is needed to tackle unacceptable delays patients face during the legal process. That’s according to the Irish Hospital Consultants Association (IHCA), responding to the publication today (08.07.2026) of the National Treasury Management Agency's (NTMA) Annual Report and Financial Statements for 2025.
The NTMA report reveals that the estimated total outstanding liability within the State Claims Agency's (SCA) claims portfolio has risen to €5.46 billion – an increase of €110m in the past year alone. These spiralling medical negligence costs are placing an unsustainable financial burden on Ireland's health service and demands urgent Government action, says the IHCA. As well as addressing escalating costs, reform would ensure patients and families receive early answers, early support and fair compensation.
Under the Clinical Indemnity Scheme, the SCA manages medical negligence claims brought against State bodies arising from the provision, or alleged omission, of professional medical services. Clinical negligence claims now account 81% of the Scheme's total estimated outstanding liability, underlining the growing financial burden they place on the health service.
The IHCA welcomes the reduction in costs incurred in resolving and managing active claims during 2025, which fell from €462m in 2024 to €446m in 2025 – a decrease of 4%. However, this represents only a small part of the overall picture, given that the State's estimated outstanding liability now stands at €5.46bn, a large portion of which relates to settlements for catastrophic brain-injuries at birth. The long-term cost of claims is likely to continue rising significantly over the coming decades unless meaningful reform of Ireland's medical negligence framework is introduced.
The IHCA is therefore calling on the Government to prioritise implementation of the recommendations contained in the Department of Health's 2024 Expert Group Report on the rising cost of health-related claims, chaired by Consultant Obstetrician and former Master of the National Maternity Hospital, Prof Rhona Mahony.
Among the key recommendations that the IHCA is urging the Government to implement without further delay are the introduction of pre-action protocols, earlier disclosure of medical records, and greater use of mediation and early settlement where appropriate. The Association welcomed recent moves by the High Court to make an attempt at mediation one of the conditions for getting a trial date.
The Mahony report also recommended periodic payment orders for the most serious cases, a review of the real rate of return, and continued investment in developing a strong pool of independent Irish medical expert witnesses. The IHCA has already partnered with an organisation called The Expert Witness Site, set up by Irish barristers to educate and source Irish consultants for legal teams, in order to enhance standards of independence and excellence in expert witness work in our courts and lessen the system’s reliance on overseas testimony.
Commenting, IHCA President Prof Gabrielle Colleran said: “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.
“For patients and families affected by adverse healthcare events, the current system can delay answers, accountability and access to appropriate compensation where it is warranted. 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.
“The objective must be to create a system that is faster, fairer and less adversarial for everyone involved. Implementing the Expert Group's recommendations would improve transparency, encourage earlier resolution where appropriate, reduce unnecessary legal costs and help ensure more of our healthcare funding is invested in delivering better care for patients rather than prolonged and avoidable litigation.”
For more information about the Irish Hospital Consultants Association (IHCA), visit: www.ihca.ie.
ENDS
Media contact
Grace Donnellan, Tel: 086-3714768 / Email: g.donnellan@fentonfitzwilliam.com.
David O’Donnell, Tel: 086-1081139 / Email: d.odonnell@fentonfitzwilliam.com.
Notes to editors
• IHCA President Prof Gabrielle Colleran is available for interview upon request.
• The National Treasury Management Agency 2025 Annual Report is available to download here.
• The Department of Health's 2024 Expert Group Report on the rising cost of health-related claims is available to download here.
• Follow IHCA on LinkedIn and X.
About the Irish Hospital Consultants Association (IHCA)
The Irish Hospital Consultants Association (IHCA) was established to promote, encourage and support the advancement of the practice of medicine, in all specialties and areas, and to advocate for the improvement of the health services in Ireland. The Association is the principal representative body for hospital consultants working across hospitals, mental health services, community care and academic medicine.