‘Arbitration alternative’ for medical negligence

MINISTERS want to replace the long-drawn-out and often hugely costly system of medical negligence litigation with a fast-track arbitration alternative.

The proposals will be examined by an expert group to consider an alternative mechanism to the court process for resolving clinical negligence claims.

Health Minister Simon Harris will propose the new approach to his fellow ministers at the Cabinet meeting today, arguing that a fresh model holds the prospect of providing benefits for all concerned through speedier resolutions and therefore earlier redress, while cutting down on legal costs for the State and freeing up court time.

The expert group will be asked to examine whether a means 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’. It would also examine whether an alternative dispute resolution mechanism or a no-fault system would be effective in some cases.

It comes as medical negligence cases have exploded in recent years, at a huge cost to the State.

The expert group panel will have an independent chair who will provide an interim report after three months and a final report within a six-month timeframe, sources indicated. It is felt there is an urgent need for action now particularly in relation to birth injuries and catastrophic injuries.

It comes amid mounting concern that some victims of the cervical cancer scandal could die before their legal actions are completed. Such a development, which has been warned about by counsel in the courts, would hold the potential to destabilise the Government.

There are more than 10,000 active compensation claims against the State, figures show – and the liability could be €2billion.

The bulk of payments last year – some €282million – relate to healthcare. This compares to €78million in 2010.