New group to consider alternative to legal action in clinical negligence cases

The Government is expected to set up a new expert group to consider whether there may be an alternative mechanism to legal actions in the courts for resolving clinical negligence claims.

Minister for Health Simon Harris is to bring proposals to Cabinet on Tuesday for the establishment of this new group.

It is intended it would examine whether a mechanism could be found to deal “more sensitively and in a more timely fashion” with catastrophic birth injuries, certain vaccine damage claims, or with claims where there was no dispute about liability from the outset.

Under the Minister’s proposals, the new group would also examine whether an alternative dispute resolution mechanism or a “no fault” system would be effective in some cases.

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The group is also expected to review the law of torts to assess the effectiveness of the legal framework and to make recommendations on what further legal reforms or operational changes could be made.

Independent chairperson

Informed sources said the new expert group would have an independent chairperson who would provide an interim report after three months and a final report within a six-month timeframe from its establishment date.

The Programme for Government contained a commitment to establish an expert group on options for reforming the law of torts and the current claims process, particularly when it came to birth injuries and catastrophic injuries, and injuries that can result from vaccinations.

Social Democrats TD Catherine Murphy told the Dáil last month that the Public Accounts Committee had been informed the HSE needed a contingent liability of €2 billion to fund claims into the future.

Taoiseach Leo Varadkar said in the same Dáil debate that "we need to create a culture of truth in the health service".

Settled or dropped

However, he cautioned that “it is a mistake if people believe it is as simple as passing a law”.

Mr Varadkar said 98 per cent of medical negligence cases were settled or dropped and did not go to trial. Those that do go to trial are “because facts or claims are contested”, he said.

He said the legal profession had a role to play in ensuring cases could proceed more quickly. Laws needed to be reformed to do this, he said. “Where something goes legal, there are two sides and both need to work together to make sure that cases are not prolonged.”