Exciting New Humane System Set to Expedite Medical Negligence Claims by Next Year Doctor Conference Reveals
At the recent conference of the Irish Hospital Consultants Association (IHCA) in Kilkenny, key figures in the healthcare sector revealed significant changes coming to medical negligence claims. The event highlighted a new humane system designed to expedite these claims, anticipated to be implemented by 2026.
Introduction of Pre-Action Protocols
Philip Fagan, a senior clinical claims manager at the State Claims Agency, spoke about the introduction of pre-action protocols. These protocols aim to make the medical negligence claims process more humane and efficient. Dr. Rhona Mahony, former master of the National Maternity Hospital, emphasized the importance of these protocols in reducing adversarial attitudes between claimants and defendants.
Benefits of the New System
- Claimants will send a letter of claim outlining their allegations and the harm suffered.
- The processes will encourage early discussions to narrow down dispute issues.
- Potential time and cost savings by avoiding trial by ambush.
Surge in Medical Negligence Payouts
The conference noted a significant increase in medical negligence payouts, amounting to billions over the past decade. Fagan reported that the State Claims Agency manages about 650 new cases each year, with 75% of these cases being settled. The implementation of pre-action protocols is expected to streamline this process.
Periodic Payments Returning
Periodic payments, which were previously suspended, are set to be reinstated shortly. These payments offer financial support to individuals left disabled due to negligence, addressing their long-term needs.
Expert Insights on Systemic Issues
Dr. Mahony, a member of the Interdepartmental Working Group on Rising Health Costs, cited clinical catastrophic injury claims as accounting for approximately 57% of total payouts. The current system has been criticized for fostering conflict between patients and healthcare providers.
Call for Reform
Fagan called for essential reforms, asserting that the existing model is unsustainable. He acknowledged that human factors often contribute to mistakes in medical settings, highlighting the need for a more supportive environment for healthcare professionals.
Dr. Gabrielle Colleran, President of the IHCA, addressed criticisms regarding consultant availability, particularly during weekends. She advocated for a well-resourced healthcare system, emphasizing the importance of collaboration among healthcare teams.
Investment in Healthcare Infrastructure
With the 2026 budget allocating €27.4 billion to health, Colleran stressed that simply increasing funding is insufficient. She insisted on addressing systemic healthcare infrastructure and staffing deficits to ensure quality patient care. The focus should be on aligning investments with practical needs to improve patient outcomes.
The conference underscored the urgent need for innovations in the way medical negligence claims are managed, promoting a more humane and effective system for all parties involved.
