IMO wants changes in medical negligence law

The main doctors' representative organisation in the State is seeking a meeting with the Minister for Justice, Mr McDowell, in…

The main doctors' representative organisation in the State is seeking a meeting with the Minister for Justice, Mr McDowell, in an attempt to secure changes in the law governing how medical negligence cases are dealt with.

The Irish Medical Organisation (IMO), which represents some 5,700 doctors, has already discussed its proposals with officials of Mr McDowell's Department and it hopes to meet the Minister later this month.

Its director of industrial relations, Mr Fintan Hourihan, confirmed that the organisation was seeking "a significant programme" of tort reform.The law of tort concerns claims for damages.

It is seeking the introduction of some form of "alternative dispute resolution mechanism" so that litigants don't have to go to the High Court to settle allegations of and claims for medical negligence.

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"There is no provision at the moment for any form of mediation. You either go the whole hog to the Four Courts or do nothing," he said.

"There are also changes that could be made in how claims are processed. There should be an obligation on claimants to furnish details of their claim at an earlier stage.

"At the moment too much of that happens at the last minute".

Reform would be in the interests of all parties, Mr Hourihan claimed, pointing out that disputes could be resolved more speedily.

"Both litigants and doctors can be waiting years at present for cases to be resolved, and that is far from an ideal situation," he said.

Doctors are also concerned that awards for medical negligence in the State are four times those in the UK.

As a result doctors' insurance cover has risen dramatically in recent years.

Cover for consultants, for example, has risen from an average of £120 in 1980 to €40,000 in 2002.