Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland

doi:10.33232/jmaca.7.1.15191

Cited by 2 publications

(1 citation statement)

References 10 publications

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“…Currently, mediation is underused in Ireland compared internationally for a multitude of reasons, including a lack requesting by plaintiff solicitors, time constraints and availability. 68 However, mediation can address many of the extralegal aims of patients, such as receiving an explanation, and can reduce the costs associated with clinical claims. 2 68 69 Although not currently planned, an additional method to address the unsustainable medicolegal landscape in Ireland could be to involve the citizens' assembly.…”

Section: Data Relating To Clinical Claimsmentioning

confidence: 99%

Current Irish medicolegal landscape: an unsustainable trajectory

Forrest,

O'Donoghue,

Collins

et al. 2023

BMJ Open Qual

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The number of outstanding clinical claims that are yet to be resolved as well as their associated estimated costs are at a record high in Ireland. By the end of 2022, the Irish government face 3875 active clinical claims which are expected to cost €3.85 billion in total. This does not account for future claims yet to be brought. The financial burden will be borne by the Irish healthcare system which is already facing unprecedented pressures on its services and staff. If current trends continue, the opportunity costs of the current medicolegal landscape will impact the future provision of healthcare. Aside from the financial consequences, clinical claims have numerous negative impacts on all parties involved. Gaining an understanding as to why claims and costs continue to increase relies on access to, and analysis of high-quality patient safety data, including learning from previous litigation. Addressing the causal and perpetuating factors requires efficient implementation of evidence-based recommendations through engagement with stakeholders, including the public. It is necessary to continuously assess the implementation of recommendations as well as measure their impact. This is to ensure that novel efforts from this point onwards do not suffer the same fate as many previous recommendations that, because of a lack of follow-on research, appear to go no further than the page of the report they are written. Action is required now to change the course of the currently unsustainable trajectory of the Irish medicolegal landscape.

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Section: Data Relating To Clinical Claimsmentioning

confidence: 99%

Current Irish medicolegal landscape: an unsustainable trajectory

Forrest,

O'Donoghue,

Collins

et al. 2023

BMJ Open Qual

View full text Add to dashboard Cite

show abstract

Plaintiff experiences of the medico-legal environment in Ireland

McCarthy,

Donnelly,

Joy

et al. 2024

Preprint

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IntroductionThe recent surge in clinical claims in Ireland has sparked concerns about the unsustainable trajectory of medical negligence litigation. Current evaluations have primarily focused on the financial and temporal aspects of litigation, leaving a gap in understanding the experiences of plaintiffs within the adversarial system. This study aims to fill this gap by critically exploring the experiences of those affected by medical negligence and the ensuing legal process.MethodsA qualitative descriptive approach was employed to explore the experiences of plaintiffs following patient safety incidents and their interactions with the legal process. Semi-structured, open-ended interviews were conducted with participants who had been involved in medical negligence litigation in Ireland. Participants were eligible for inclusion if they were aged 18 years or over and were involved in medical negligence litigation in Ireland (as a plaintiff), whether the case was resolved by negotiated settlement, a form of alternative dispute resolution (e.g. mediation), or trial hearing. Maximum variation sampling was used to capture a diverse range of experiences, with sample size determined by the concept of ‘information power.’ Recruitment was facilitated by the Health Service Executive (HSE) through invitations sent by The National Open Disclosure Office. Interviews were conducted in-person or online, recorded, transcribed, and analysed thematically. Ethical approval was obtained from the Social Research Ethics Committee of University College Cork.FindingsThis research presents the views and experiences of fifteen participants; eleven participants shared their experiences relating to an adverse event which impacted a family member (one participant spoke about two family members), nine of whom were children (including both minors and adult children), and three were a spouse. Of the twelve individuals discussed, eight were deceased. Five main themes were identified from the analysis: i) Navigating the aftermath of a patient safety event: Communication, Support and Abandonment; ii) The pathway from adverse event to litigation; iii) Experiences of the Legal System; iv) Emotional and Mental Health Impact of Litigation on Plaintiffs; v) Advocating for Change: Participant Recommendations.DiscussionThis research highlights the profound impact of actions taken after a patient safety event on patients, families, healthcare professionals, and organisations, and the importance of Open Disclosure in meeting ethical obligations and ensuring healthcare accountability. It explores the complex relationships between financial compensation, justice-seeking, and the healthcare and legal systems. The findings contribute significant insights to the discourse on medical negligence in Ireland.

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Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland

Cited by 2 publications

References 10 publications

Current Irish medicolegal landscape: an unsustainable trajectory

Current Irish medicolegal landscape: an unsustainable trajectory

Plaintiff experiences of the medico-legal environment in Ireland

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