Mr. O’Higgins reminded Committee members - while solicitors serve both the best interests of patients and also defend health professionals, hospitals and the State - that crude discussions on economic costs alone failed to encapsulate the human cost of medical negligence.

“The consequences for a plaintiff and their family from catastrophic medical injury must always be to the forefront. Clearly where a patient has been a victim of medical negligence they are entitled to seek redress.’

The expanding range of medical procedures now being undertaken in addition to healthcare resourcing were identified by the Society as contributory factors to claims occurrences.  The Society disagreed with the MPS and consultant representative groupings – who appeared before the Committee on Thursday, 22 January – on the proposal to cap General and Special Damages.  “On behalf of the patient the Society asks why a patient,  who has already suffered due to medical negligence,  be penalised once more in respect future earnings and care costs?”

The Society endorsed the recommendations of the Working Group on Medical Negligence and Periodic Payments; with a particular focus on the value of pre-action protocols. ‘Access to justice, for all parties, is paramount, and barriers in accessing the courts system underscore the need for increased court resourcing and supports’, said Mr. O’Higgins.

See the Society’s submission to the Committee.

View the Committee discussion here. You can also access it on the Oireachtas website. 

A transcript will follow online.