The cost of medical negligence claims will continue to soar in Ireland until long overdue reforms are implemented.

The warning comes as a landmark legal study outlined measures that will reduce costs, slash delays and benefit doctors, hospitals, plaintiffs and the State.

Irish medical negligence claims cost €250m in 2018 but soared to €315m last year.

A new book, Medical Negligence and Childbirth, by respected Cork barrister Doireann O'Mahony, outlined compensation issues as well as recent developments in relation to civil costs.

It revealed that, since the Covid-19 pandemic erupted, mediation over medical negligence claims has been "booming" – with many cases successfully concluded via Zoom while the courts were closed that would otherwise have been adjourned to future hearing dates.

The book also has contributions from world-leading experts in obstetrics, midwifery, neonatology and other related specialties.

Ms O’Mahony warned that unless urgent reforms are implemented the cost of Ireland's medical negligence actions will continue to soar prohibitively.

Private insurers such as the Medical Defence Union have virtually quit the Irish maternity market.

Ms O'Mahony said the finger of blame for spiralling medical negligence costs has wrongly been pointed directly at plaintiffs and their lawyers.

"The Public Accounts Committee has criticised the State’s failure to learn from medical negligence claims,” she said.

"Over the past two decades medical negligence litigation has gone from being a modest but expanding area of litigation to a massive one which continues to grow year on year, and the finger of blame for that is pointing in the wrong direction.”

She said the surge in costs was at least in part as a result of the way such claims have been controlled and defended.

"A system of enterprise liability was introduced in Ireland some years ago which kept the individual medical professionals at arm’s length from the litigation process, meaning they did not kick up a fuss about what was going on in the litigation context," she said.

"Enterprise liability meant that the plaintiff would sue just the health board or hospital which would indemnify individual doctors, midwives and nurses who would not themselves be named as defendants personally."

Since 2002, medical negligence claims have risen exponentially.

"There is no adequate risk management feedback loop within our hospitals.,” she said.

"Detailed feedback should be given to doctors involved in legal claims as to how practice could improve. If they remain unaware of their mistakes, the same mistakes will be repeated over and over."

She also said the adversarial nature of medical negligence litigation in Ireland "adds to the distress of both patients and doctors alike".

"An apology is often the only thing motivating people to sue. In my experience, litigation is a last resort for many.

"Mediation has been booming since the pandemic hit last March and it is great that the likes of Zoom have enabled business to carry on during successive lockdowns.

"Many cases which would otherwise have been adjourned have been successfully concluded while the courts were closed."

Source: https://www.independent.ie/irish-news/health/warning-medical-negligence-claims-will-spiral-until-reforms-implemented-40010823.html