Consultation Paper on Alternative Dispute Resolution - Law Reform ...

6
CHAPTER 6 MEDICAL ISSUES & ADR
A Introduction
6.01 In this chapter the Commission examines how ADR could assist in
the resolution of medical disputes. In Part B the Commission explores the
potential of ADR in providing alternative non-monetary redress, including an
apology, medical negligence claims. In Part C the Commission discusses the
provision for mediation under the Medical Practitioners Act 2007. In Part D the
Commission examines developments in England and Wales in relation to the
promotion of ADR in medical negligence claims. In Part E the Commission
discusses various schemes in the United States which have been implemented
for the early and effective resolution of medical negligence claims.
B Civil Claims: Medical Negligence
6.02 It has been estimated that up to 1,500 deaths are caused annually by
medical errors in Ireland. 1 Medical negligence litigation has long been criticised
―… as complex, costly, and gruelling for all concerned, yet the number of
medical negligence claims being brought in this country has risen sharply in
recent years.‖ 2
6.03 Lord Woolf in his Final Report on Access to Justice, identified the
following problems associated with medical negligence claims in England and
Wales:
(a) The disproportion between costs and damages in medical
negligence is particularly excessive, especially in lower value cases.
(b) The delay in resolving claims is more often unacceptable.
(c) Unmeritorious cases are often pursued, and clear-cut claims
defended, for too long.
1 See Clancy ―Risk Management in the Irish Health Service – where do we go from
here?‖ (2003) 9 Medico-Legal Journal of Ireland 88.
2 Moloney ―Dealing with Medical Negligence Claims: a review of options for reform‖
(1999) 5 Medico-Legal Journal of Ireland 2 at 79.
217