by Stephen McGuinness February-10-2015 in Healthcare Law
On 22 January 2015, a Dáil Joint Committee on Health and Children looked at the challenge of the rising cost of professional medical indemnity insurance. The Committee was told that 20 medical consultants gave up private practice last year, with more expected this year, due to the rapidly rising cost of indemnity cover. Among others, Mr Ciaran Breen from the State Claims Agency and Mr Simon Kayll, Chief Executive of the Medical Protection Society, addressed the Committee.
Ciaran Breen, Chief Executive of the State Claims Agency, which handles clinical claims in the public health system, said the average cost of claims increased from €67,000 in 2009 to €140,000 last year.
Simon Kayll, Chief Executive of the Medical Protection Society, told the Committee that damages and legal costs are higher in Ireland than any other Western country. The UK based organisation, which provides indemnity cover for 16,000 Irish doctors and dentists, said large increases in the cost of cover is driving some members out of practice.
The Medical Protection Society (MPS) has mounted a strong campaign for reform of the Irish legal system in relation to clinical negligence claims. In November 2014, the MPS published a paper in which it highlighted rising legal costs, which it blames for a 90% increase in indemnity cover costs for consultants over the last 2 years. In addition, Ciaran Breen of the State Claims Agency was a member of the Working Group on Medical Negligence and Periodic Payments. The recommendations of the working group included the introduction of Pre Action Protocols, which would help reduce the cost of litigation. These recommendations are still awaiting legislative implementation.
It is hoped that the submissions to the Joint Dáil Committee will increase Government support for true tort reform.
Stephen McGuinness
Associate Solicitor
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About the Author
Stephen McGuinness
Stephen is a partner in the Healthcare team at Hayes solicitors. Stephen specialises in the defence of medical and dental negligence claims taken against hospitals as well as individual medical and dental practitioners.