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.…