Michael McDowell (Dublin South East, Progressive Democrats)

In response to Senator Henry's comments, it is important to stress that the limitation period is from the date of discoverability not of the injury done. If a medical practitioner commits an act of negligence such as attaching the incorrect internal organ to another, the clock begins to run from the date on which the patient becomes aware of the injury or ought reasonably to have been aware of it and not the date of the operation. That is an important factor.

Senator Henry asked why it takes six years for such cases to come to court. There is a longer gestation period in medical negligence cases. They are complex and involve considerable manoeuvring. The plaintiff's solicitor must ensure he has all his ducks in a row. Expert reports must be exchanged and other documents discovered. All these procedural steps must take place and take considerable time.

I do not defend the imponderable delays of the legal system but I am not shocked that it can take up to five years for serious medical cases to come to a full hearing. I wish they could be heard sooner but such periods are commonplace in medical negligence cases. Procedures are followed with a view to being fair to the professionals involved. If a case is conducted at breakneck speed, it is both unfair to the plaintiff and the defendant that they should be rushed into litigation.

It should also be borne in mind that a practising medical practitioner cannot make himself or herself available for months on end to defend civil proceedings. These cases can be catastrophic in terms of the time involved, psychological pressures and so on. It is not all one way traffic. If one is on the wrong end of a medical negligence suit and one's work is at the mercy of the opinions of one's colleagues, it can be traumatic.

Senator O'Meara stated it would be better if the House adjourned Committee Stage so that we can come back to this issue. I do not know what are the procedures in the House but it is possible to recommit amendments on Report Stage in the Lower House. I defer to the Chair on that matter but, if that is not the case, the proposal by Senator Maurice Hayes to hold consultation in the margins would be another way to approach the issue.