Increased claims against private hospital consultants, the cost to them and the residual cost to the public purse

The Health Service Executive has indicated that it expects an over-run on costs incurred by the State Claims Agency for 2014 in respect of negligence claims against the public health service. A

As a result of this potential spillover, attention has turned to the future claims environment, and the knock-on effect that increased claims in the private medical sector may ultimately have on public expenditure.

As a priority, the Medical Protection Society (MPS) has recommended that the Government introduce, as part of a set of vital measures, a new Bill that clearly defines the tort of clinical negligence to slow down the claims environment in Ireland which is fast deteriorating.

The claims environment has been worsening for several years now, particularly over the past two years.

When the MPS considered the level of claims made against private hospital consultants, the actuarial estimates of the cost of indemnity per member had increased by more than 90% over the past two years.

The Society felt there were other simple measures that the Government could implement, such as the full implementation of the Law Reform Commission’s 2008 proposals to limit general damages.

As a society that indemnifies the medical profession, the MPS said it was prepared to play an important role in trialling procedural reform, but that the Government’s support was crucial to making that happen.

If pre-action protocols are not put in place, the MPS has a real concern that where doctors find the cost of practising in the Irish private sector unsustainable, more of them may decide to work abroad.

“The impact this may have on Irish society is likely to be damaging,” concludes the Society’s new report, ‘Challenging the Cost of Clinical Negligence: The Case for Reform’, released this week.

“If services are not offered in the private sector, they will inevitably be sought in the public sector, where liability for any claims for clinical negligence would lie with the State Claims Agency (SCA) in their entirety, impacting on the public purse.”

If you would like to discuss your case with us, please email or contact us on 01-5313 800. Read more about our work on medical negligence claims.

How we can help

If you have been affected by a similar issue, the team at Coleman Legal LLP can advise you. Contact our team to discuss your case. Call 01 531 3800 or complete our contact form.