Publication of the Final Report of the Expert Group on Tort Reform and the Management of Clinical Negligence Claims

The Minister for Health, Stephen Donnelly TD, and the Minister for Justice, Helen McEntee TD, have today received government approval to publish the Final Report of the Expert Group to review the law of torts and the current systems for the management of clinical negligence claims. Government noted the contents and recommendations of the Report and that both Ministers will return to Government following further consideration of the recommendations being proposed.

In June 2018, as part of a commitment in the Programme for Government, the Minister for Health, the Minister for Justice and Equality, in association with the Minister for Finance, announced the establishment of an Expert Group to consider an alternative mechanism to the court process for resolving clinical negligence claims. The Group, chaired by the High Court Judge, Mr Justice Charles Meenan, comprised representatives from the Departments of the Taoiseach, Public Expenditure and Reform, Justice, Health, AGO, HSE, State Claims Agency as well as patient advocacy representation and a practicing solicitor who has experience representing plaintiffs.

The Report published today contains seventeen recommendations for change, eleven of which relate to the Department of Health and six of which come under the remit of Department of Justice. Following further consideration of the recommendations, both the Minister for Health and the Minister for Justice will revert to Government regarding implementation.

Minister Donnelly said:

Minister McEntee said:

The Final Report of the Expert Group is available here: https://www.gov.ie/en/publication/ffb23-expert-group-report-to-review-the-law-of-torts-and-the-current-systems-for-the-management-of-clinical-negligence-claims/

ENDS

In June 2018, as part of a commitment in the Programme for Government, the Minister for Health, the Minister for Justice and Equality, in association with the Minister for Finance, announced the establishment of an Expert Group to consider an alternative mechanism to the court process for resolving clinical negligence claims. The group chaired by the High Court Judge, Mr Justice Charles Meenan, was established to review current systems for the management of clinical negligence claims.

The Terms of Reference of the Expert Group are:

1. a) review the law of torts from the perspective of the management of clinical negligence and personal injury claims in order to assess the effectiveness of the legal framework and to advise on and make recommendations on what further legal reforms or operational changes could be made to improve the current system;

1. b) consider whether there may be an alternative mechanism to the court process for resolving clinical negligence claims, or particular categories of claims, particularly from the perspective of the person who has made the claim. To do this, the Group will examine whether a mechanism could be established which would deal more sensitively and in a more timely fashion with catastrophic birth injuries, certain vaccine damage claims, or with claims where there is no dispute about liability from the outset. It will also examine whether an alternative dispute resolution mechanism or a no-fault system would be effective in some cases;

1. c) examine the role of the HSE in addressing the problems encountered by persons involved in clinical negligence claims and addressing the health needs of persons affected by clinical negligence, with consideration given to whether particular care packages could be made available for persons with specific injuries, e.g. cerebral palsy following birth;

1. d) examine the role of the State Claims Agency in managing clinical negligence claims on behalf of the HSE to determine whether improvements can be made to the current claims management process.

1. e) consider the impact of current tort legislation on the overall patient safety culture, including reporting on open disclosure

Following the establishment of the Expert Group, Judge Meenan wrote directly to a number of bodies seeking submissions. In addition, an advertisement was placed in national newspapers seeking submissions and in excess of 40 written submissions were received. The Expert Group also heard from medical experts and had the benefit of being addressed by the father of a child who had suffered serious injuries at birth by reason of clinical negligence. A number of papers were also prepared by members of the Expert Group. The submissions and papers will be made available online.

The Expert Group examined tort law as it currently applies to personal injuries arising in the healthcare context and considered options for its reform. In this process the Group also examined the impact of tort legislation on the overall patient safety culture and open disclosure. The Group examined whether a mechanism could be established which would deal more sensitively and in a more timely fashion with catastrophic birth injuries, certain vaccine damage claims, or with claims where there is no dispute about liability from the outset. In doing so it considered whether an alternative dispute resolution mechanism or a no-fault system would be effective in some cases. It also examined the role of the HSE in the provision of care packages that address the health needs of those affected by clinical negligence cases and the role of the State Claims Agency in the management of claims.