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The Irish Hospital Consultants Association (IHCA) and The Expert Witness Site hold organised workshops this week to train up Irish clinicians
Hospital consultants from around the country will today begin training as part of plans to establish a panel of Irish expert witnesses who will provide testimony in medical negligence cases.
Two workshops will take place on Tuesday and Wednesday in Dublin’s King’s Inns. Led by experienced barristers, the workshops will give consultants a clear understanding of what acting as an expert witness entails.
The training aims to enhance participants’ knowledge of current case law, explaining the duties of experts as established in court rules, and ensuring they do not fall into the common pitfalls often encountered by expert witnesses from home and abroad.
The workshops are being run by the Irish Hospital Consultants Association (IHCA) and The Expert Witness Site.
Prof Gabrielle Colleran, IHCA President
IHCA president Prof Gabrielle Colleran said: “This progressive partnership with The Expert Witness Site to hold these workshops this week is the start of a forward-thinking strategy whereby the association will develop a panel of expert witnesses from our membership to ensure that the highest standards of independence and excellence in expert evidence are upheld – reducing our system’s reliance on overseas testimony and, in doing so, helping to cut costs and enhance credibility in our courts.”
The workshops come in the wake of a 2024 report which examined the rising cost of health-related claims. The document, prepared by an expert group led by Prof Rhona Mahony, recommended a number of reforms to medical negligence claims processes.
Addressing the IHCA’s annual conference last month, Philip Fagan of the State Claims Agency said that reforms, which include pre-action protocols for the retrieval of crucial medical reports as part of medical negligence cases, are likely to come in early next year.
Other reforms recommended by the expert group included the resumption of phased or periodic payments that spread the cost of claims over a lifetime, and a review of the real rate of return, which is the percentage applied by the courts to adjust the compensation awarded.
Previous research from the Medical Protection Society found that the average legal cost for a medical negligence claim in Ireland is €34,646 – 191 per cent more expensive than in the UK.
Currently claims in Ireland take an average of four years to be resolved, far longer than in other jurisdictions including the UK. Prolonged legal actions here have also been found to take a significant toll on clinicians’ mental health.
“As an association, we believe there is an urgency to address the spiralling cost of litigation that is draining both resources and morale from the health service,” said Prof Colleran.
“Despite a welcome reduction in the sum of medical negligence claims paid in 2024, the current estimated outstanding liability associated with the State Claims Agency claims portfolio is €5.35 billion, which could rise further if the status quo continues unchecked.
“Consultants want to see the reforms outlined in Prof Rhona Mahony’s report progressed without further delay, as not doing so will only increase the cost to the State and worsen the experience of the processes involved for patients.”
She added: “The parallel human cost of litigation is significant, and these reforms are required to improve the patient’s journey through the medical negligence process and ensure no further harm is done by its adversarial nature.”
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