Clare Daly (Dublin Fingal, Independent)
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91. To ask the Minister for Health the progress of proposals to improve the legal approach to managing clinical negligence cases. [23434/18]

Simon Harris (Wicklow, Fine Gael)
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Since the publication of the recommendations of the Working Group on Medical Negligence and Periodic Payments, which was chaired by former High Court Judge John Quirke, significant legal reforms have been introduced or are on the way in order to deal more effectively with clinical negligence claims.  

These include the enacting of The Mediation Act, 2017 and The Civil Liability Amendment Act 2017. Work is also underway within the Department of Justice and Equality on framing regulations for Pre-Action Protocols under the Legal Services Regulation Act 2015, which are aimed at encouraging timely communications between parties and the early resolution of such actions.   Other important measures include the establishment of the National Patient Safety Office in my Department and the launch of the HSE’s Incident Management Framework in January 2018.

Nevertheless, I believe we must go further in addressing the difficulties which our current system presents for those who have experienced harm.   I have informed Government that, building on recent legal reforms, I will engage with Minister Flanagan on the options to further improve the legal approach to managing clinical negligence cases.  For this purpose my officials met Department of Justice and Equality officials recently to examine the key issues involved and to examine all options available.

This action will be progressed in the coming weeks in order to bring further proposals to Government.  I expect that all potential options to improve the current system will be considered in the process.