Mr. David Barniville:

The Chairman is right about that. We should not have cases such as Ms Deirdre Courtney's case. We should not be hearing about those kind of experiences, whether from either the legal system's point of view or the medical system's point of view. One thing that will help this early admission of liability is to do something that was recommended in 2012 by the working group on medical negligence, that is, to have pre-action protocols, where there is engagement from an early stage and where, therefore, there is the opportunity to have an early admission and to engage and have communications and discussions with the other side at that very early stage, rather than leaving it late in the day so that it certainly gives the impression in cases that they have been either wrongly defended up to a point or dragged out when that should not be the case. One answer is this pre-action protocol.

The next question Deputy Ó Caoláin raised is whether the Statute of Limitations should be amended in some way in these cases. We do not believe that it should. Already, the Statue of Limitations period in personal injury cases was reduced, from three years to two years. The working group felt it should be increased, back up to three years. In cases that are brought within that period but in which, because the plaintiff may have been an infant at the time the accident happened, that time can run on, the court has a discretion not to dismiss cases after a fairly long period of time. In those cases, the court will look at what is fair and what is not fair. It has to look at fairness from both sides of the equation. Obviously, the plaintiff or injured patient is a critically important person in the equation but, equally, in these cases, there is another side - the doctor. In many cases, the doctor may feel that he or she has done nothing wrong and is entitled fully to defend the case. It is important, in all of these cases, to look at both sides and to have, as the committee is looking at, balance in the debate.