SOME DOCTORS ARE experiencing mental health problems as a result of the length of time it takes for clinical negligence claims to be processed in Ireland, the Medical Protection Society (MPS) has said.
A new MPS report has found that it takes 1462 days on average for a negligence claim to be resolved in Ireland, which is a significantly extended period of time compared to other countries, including the UK where claims are resolved in 939 days on average.
The Society said that doctors have voiced experiencing distress and suicidal thoughts in some cases, because they are being “dragged” through what can be a “brutal” process, for “longer than necessary”.
The report heard from 200 doctors based here who have faced clinical negligence claims.
It found that 88% were worried about the length of time the process was taking, and 91% were worried about their own mental wellbeing during that time.
Some of the doctors left medicine, leaving behind their career, during the four years on average it took for claims to be resolved.
One doctor told the report that dealing with a claim made against them was “horrendous”.
“I had to leave medicine after it. I developed severe anxiety during the course of the clam and PTSD. I lost my career in medicine and I am devastated about that,” they added.
Another said that they needed “years of psychotherapy” to cope with the claim.
One GP said that facing a claim against them for years left them considering retiring early.
“I experienced suicidal thoughts,” another Irish doctor said.
Amongst the 200 doctors who responded to the survey, many said that even establishing the facts of the claim took “years”.
MPS is an international organisation with 300,000 members across the world – it said that clinical negligence cases take longer to resolve in Ireland than in any other country in the world that it has members in.
MPS expressed its concerns that the extended waiting period involved in the process meant that patients were left with delays in getting answers as well.
The society said that the lack of mechanisms in Ireland to facilitate “early resolution” in clinical negligence cases is in part the cause of the litigation process being so slow.
MPS said that the average cost of facing a clinical negligence for doctors in Ireland is €34,646, compared to €11,911 in the UK.
The society, which support sover 16,000 healthcare professionals in Ireland, is calling for pre-action protocols to be introduced as a matter of urgency, so more clinical negligence cases can be resolved early on.
Dr Rob Hendry, the Medical Director at MPS said that having a claim hanging over doctors’ heads for years can cause them anxiety and depression, with some quitting medicine as a result.
He said the elongated process is bad for patients too, “adding insult to injury”.
Hendry said that State Claims Agency data shows that €84.9 million was spent on legal and expert costs in 2022, which he says is money that would otherwise be available to the HSE.
He pointed out that the Irish Government committed to introducing pre-action protocols for clinical negligence claims in its 2022 and 2023 Justice Plans, however regulations have not been introduced.
If you have been affected by any of the issues mentioned in this article, you can reach out for support through the following helplines. These organisations also put people in touch with long-term supports:
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