The process for settling medical negligence cases in court has lengthened significantly, now taking up to five years on average, according to a recent report by the Comptroller and Auditor General (C&AG). The findings highlight an increase in the time required to resolve such cases, with the average duration of cases related to maternity services witnessing a 39% rise from nearly four years in 2012 to approximately 5.4 years in 2021. The analysis also pointed out that surgical claim cases are now taking about 5.25 years to settle, marking a 59% increase from a decade ago.

State-covered public medical facilities have seen a notable rise in the volume of active cases, which nearly doubled from 5,755 in 2012 to 11,408 by 2021. Consequently, the estimated liability for outstanding claims has quadrupled from €1.1 billion to €4.5 billion within the same period. This surge reflects the growing challenge and financial strain on the state’s healthcare liability management.

The C&AG’s report also sheds light on the recording discrepancies of incidents leading to claims, revealing that 75% were not logged in the HSE’s National Incident Management System (NIMS) prior to a claim being made from 2017 to 2021. Further investigation into the incidents showed that 21% should have been reported, with 22% lacking sufficient information for a definitive conclusion, and 32% not known to the relevant authorities at all.

Ciara McPhillips, a partner at Michael Boylan Litigation and medical negligence solicitor, suggests that the protracted durations of these cases are due in part to such reporting inconsistencies. “The absence of pre-claim notifications and internal inquiries due to only 25% of cases being recorded in NIMS delays the initial assessment of cases,” McPhillips explained.

Moreover, recent legislative changes intended to provide lifetime settlement payments for catastrophic injury cases have fallen short of expectations. The periodic payments orders legislation, tied to the consumer price index rather than wage inflation, was criticized for not adequately meeting the settlement needs of severely injured parties. “This legislation was dubbed ineffective by a High Court Judge, leading to repeated court appearances in some cases,” McPhillips added.

The C&AG report’s suggestion that the slow pace at which families and their legal representatives are moving cases forward is causing delays was met with surprise by McPhillips. “It’s counterproductive for plaintiffs to extend these cases, so the claim of deliberate delay is unexpected,” she remarked.

The escalating duration and complexity of medical negligence cases underscore the need for systemic reforms to streamline processes, improve incident reporting, and ensure fair and timely justice for affected families.…

The Appeal Court has confirmed the dismissal of a clinical negligence claim that lacked an expert report nearly eight years after its initiation. Mr. Justice Seamus Noonan criticized the case’s management as a severe misuse of the legal process, emphasizing that the plaintiff’s failure to secure an expert opinion within this duration falls squarely on her solicitors, who are responsible for seeking any remedy for their shortcomings.

In a detailed judgment, Mr. Justice Seamus Noonan labeled the handling of the lawsuit as significantly flawed, pointing out that the plaintiff cannot shift the blame for her legal team’s inaction onto the defendant. The claim was initially filed on December 7, 2015, with allegations that a surgery from the plaintiff’s childhood led to years of pain and infections, exacerbated by a delayed medical response.

Despite the plaintiff changing legal representation twice and the initial solicitors neglecting essential procedural steps, the case languished without progress. The defendant moved to dismiss the lawsuit due to inactivity on December 17, 2021, highlighting a systematic failure to advance the proceedings effectively.

The High Court’s Stance:
The High Court, under Mr. Justice Mark Heslin, condemned the delay in pursuing the case and identified a lack of evidence to support the plaintiff’s claims, notably the absence of a medical expert’s report. This delay was deemed to risk the fairness of a trial, leading to the case’s dismissal based on principles of undue delay and potential prejudice against the defendant.

Appeal Court’s Findings:
The Appeal Court found the lawsuit’s continuation without expert testimony to be not only astonishing but an outright abuse of the legal process. Mr. Justice Noonan noted the irony in the plaintiff’s argument against dismissal for lack of prejudice when her legal team’s negligence had obscured the case’s specifics from the defense.

In conclusion, Mr. Justice Noonan upheld the High Court’s decision, dismissing the appeal and suggesting the plaintiff may seek redress against her solicitors for their role in the protracted delay. This case underscores the vital responsibility solicitors hold in diligently advancing their clients’ claims and the severe consequences of failing to do so.…

Ireland’s medical negligence legal expenses rank among the highest globally, significantly impacting both patients and healthcare professionals’ mental health due to prolonged legal processes. A study reveals that the duration to settle a medical negligence case in Ireland averages 1,462 days—markedly longer than in other regions like Hong Kong, the UK, or Singapore. This delay not only extends the stressful period for those involved but also increases the financial burden, with the average legal cost for such claims in Ireland being substantially higher compared to the UK.

The drawn-out nature of these cases subjects patients to extended waits for compensation and places a considerable strain on doctors’ mental well-being. Many healthcare professionals report significant stress, with some even leaving the medical field due to the ordeal. The Medical Protection Society (MPS) highlights this issue, noting the absence of early resolution mechanisms as a primary cause of the delays.

In 2022, the State Claims Agency’s payouts for clinical claims amounted to a staggering €374 million, including €85 million in legal fees—funds that could have supported healthcare services. The report calls for the implementation of pre-action protocols and case management to expedite the resolution process, a move that is recognized as necessary and anticipated in government justice plans, yet regulations to enable these changes remain pending.…

The new IMO president has underlined Ireland’s unique medical negligence lawsuit problem, which he believes drives doctor migration from Ireland. Dr. Denis McCauley noted that legal issues, staffing shortages, and resource limits made hospital staff work inefficiently. He noted that this circumstance promotes the migration of cases from primary to secondary healthcare and concerns their viability due to rising demand.

In his closing remarks at the IMO’s annual conference in Killarney, Co Kerry, Dr. McCauley discussed medical negligence’s broader consequences. He claimed that modern legal methods go beyond established standards, influencing doctors’ practices. He used a famous case to show how even normal processes might be negligent if the plaintiff finds faults.

Dr. McCauley also criticised legal practitioners and the judges for not understanding medical care models and clinical staff’s difficult situations. He warned that without recognising these restrictions, medical litigation in Ireland could continue to drive qualified doctors to less litigious countries. He warned that this tendency is changing medical practice habits, increasing investigations and referrals that could overburden secondary care.

To address consultant shortages and new public-only contracts, Dr. McCauley suggested a more supportive and trust-building strategy. He stressed the necessity of appreciating consultants’ 24/7 care and ensuring that weekend work adds to care rather than shifting it.

Overcrowding was discussed at the Oireachtas Health Committee hearing at University Hospital Limerick, stressing systemic issues like high occupancy rates, facility closures, and a shortage of healthcare resources. Dr. Peadar Gilligan of the IMO’s Consultant Committee said it’s inappropriate to blame healthcare professionals for difficulties caused by underinvestment and a recruitment freeze, which hurts morale and patient care.…