Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Amendments Nos. 271 and 273 insert an important new Part 15. They deal with pre-action protocols in medical negligence cases. I am pleased that it has been possible to include this part in the Bill. It provides the statutory basis for the introduction of what is termed "pre-action protocol", which will take the form of ministerial regulations. The pre-action protocol will set out the steps to be followed and the obligations on all relevant parties in respect of the handling of inquiries into and allegations of clinical medical negligence.

As Deputies will be aware, this legislative step has been called for from a wide variety of interested parties, including patient advocacy groups. This is good for the consumer. There have been many sad and difficult cases. It has also been called for by medical professionals and the Judiciary for many years.

The expert working group on medical negligence litigation and periodic payments was established by the President of the High Court with terms of reference that included the examination of the current system within the courts for the management of claims for damages arising out of alleged medical negligence, to identify any shortcomings within the system and the making of such recommendations as may be necessary to improve the system and eliminate shortcomings. The group published its report in March 2012. I am pleased that, without further delay, the implementation of many of the working group reforms and key recommendations are taking a major step forward today. The insertion of a ministerial regulation with powers in a primary statute, such as the Legal Services Regulation Bill, means the scope and purpose of the regulations as well as any legal technical matters are set out, while the detail of what is to be done is left to the regulator.

Much groundwork has been done in terms of consultation with interested parties. This has come about because we recognise that medical or clinical negligence claims are placing a major burden on patients who believe they are victims of medical negligence. It also places a major burden on the medical professionals, who must handle such claims almost exclusively within the adversarial context of legal proceedings with all the attendant shortcomings. It also places a major burden on the courts, which have to hear the claims, some of which are discovered at a late stage to have been unsupported by the necessary evidence thus leading to delays and inefficiencies. It was against this background that a pre-action protocol was called for in the interests of all parties. The pre-action protocol will set out in a step-by-step manner the procedures to be followed for the aggrieved recipients of health services as well as the medical practitioners concerned, starting from the inquiry stage and featuring all the way to court proceedings, where necessary.

I call on Members to support this pre-action protocol to encourage the early resolution of inquiries of allegations relating to possible clinical negligence and to promote good non-adversarial communication between the parties with a view to reducing the need to go to court.

Of course, access to the courts will still be available to parties where it is warranted. However, the pre-action protocol will ensure that a full disclosure of all relevant information, grounds of complaint and supporting evidence will be made clear at an early stage, thus reducing significantly the likelihood of court adjournments, which are a key factor in the high cost of litigation in this country. I believe this will have knock-on effects for the efficiencies of courts, a point many Senators and Deputies have raised. Many have referred to the need for greater efficiencies in our courts and the various initiatives that would make a difference in this regard. It could also lead to the possible lowering of insurance costs in the medical sphere to the benefit of all consumers. Therefore, from a consumer point of view, this new section will be helpful for some people in very difficult situations. It has been sought for a long period.

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