Report makes the case for urgent implementation of pre-action protocols ever more pressing

20 September 2024

Commenting on the Report of the Interdepartmental Working Group on the Rising Cost of Health-Related Claims -

Dr Rob Hendry, Medical Director at Medical Protection Society (MPS), said:

“We are pleased to see that the findings by Dr Rhona Mahony and colleagues make the case for the urgent implementation of pre-action protocols ever more pressing.

“Our data shows that claims in Ireland take longer and involve higher legal costs than in every other country where Medical Protection support members. The average legal cost for a claim in Ireland is €34,646, which is 191% more expensive than in the UK (€11,911). In Ireland, the average claim takes four years (1,462 days) to conclude, which is 56% longer than in the UK, Hong Kong, and Singapore.

“The claims process also has an immense toll on the healthcare professionals involved; many have told us that they considered leaving the profession as a result, and others described the need for mental health support. Some have even experienced suicidal thoughts while undergoing a claim.

“The protracted and costly nature of the claims process in Ireland stems from the lack of mechanisms, such as pre-action protocols or case management, which allow for early resolution. Pre-action protocols are widely accepted as needed in Ireland and the Government has committed to their introduction, however, we are still waiting for the necessary regulations to be introduced.

“Our hope is that the release of today’s report by Dr Mahony, which echoes the need for urgent reform to address the human and financial cost of the status quo, provides the final pieces of evidence to help get reform delivered without further delay.”

ENDS

For further information contact [email protected]

About MPS

The Medical Protection Society Limited (“MPS”) is the world’s leading protection organisation for doctors, dentists and healthcare professionals. We protect and support the professional interests of more than 300,000 members around the world. Membership provides access to expert advice and support and can also provide, depending on the type of membership required, the right to request indemnity for any complaints or claims arising from professional practice.

Our in-house experts assist with the wide range of legal and ethical problems that arise from professional practice. This can include clinical negligence claims, complaints, medical and dental council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal accident inquiries.