Revamp of Medical Negligence Claims Process Anticipated in Early 2024
The State Claims Agency is set to introduce significant changes to the process of medical negligence claims, anticipated for early 2024. These adjustments aim to improve the retrieval of essential medical reports and enhance the overall claims experience for patients.
Anticipated Revamp of Medical Negligence Claims Process
During the recent annual conference of the Irish Hospital Consultants’ Association (IHCA) in Kilkenny, Philip Fagan, a claims manager at the State Claims Agency, addressed the pressing need for reform in the medical negligence claims process. Currently, claimants often endure frustrating delays, with records retrieval taking up to two years.
Challenges with Delays
- Reports can take experts between six to nine months to compile, especially for specialized cases involving catastrophic injuries.
- The average resolution time for claims in Ireland stands at four years, significantly longer than in jurisdictions like the UK.
- Prolonged claims have adverse effects on clinicians’ mental health and well-being.
Proposed Solutions and Recommendations
Fagan also referenced a recent expert report that examined the increasing costs associated with health claims. Notable recommendations from this report include:
- Reinstatement of periodic payment orders (PPOs) to replace lump-sum compensation.
- Focus on how compensation can better reflect healthcare inflation.
- Reduction of legal expenses, which currently constitute 23% of all claim costs.
Professor Rhona Mahony, who chaired the working group on this report, emphasized the necessity of PPOs, stating they are particularly beneficial for patients with long-term needs due to catastrophic brain injuries.
Financial Burdens and Historical Context
The financial implications of medical negligence claims in Ireland are substantial. Recent findings indicate the country’s outstanding health liabilities have surpassed €5.35 billion. A lawyer’s average cost per claim in Ireland stands at €34,646, which is markedly higher—191% more than costs in the UK.
Next Steps for Improvement
To mitigate these challenges, the IHCA is actively engaging with officials such as Justice Minister Jim O’Callaghan to discuss the introduction of pre-action protocols. There are also plans to train more Irish clinicians to serve as independent expert witnesses in medical negligence cases. This initiative aims to lessen the system’s reliance on international expertise and reduce legal fees.
Professor Gabrielle Colleran, president of the IHCA, believes that these steps will alleviate the emotional and financial strains on both patients and healthcare practitioners. Addressing the current trajectory of rising liabilities is a priority for the association, highlighting the urgent need for actionable reforms in the medical negligence claims process.
