Ivan Yates
Ceist:21 Mr. Yates asked the Minister for Health if he has any proposals to establish medical review panels as in other countries to provide an alternative to litigation in cases of possible medical negligence.
Ceisteanna—Questions. Oral Answers. - Establishment of Medical Review Panel.
I am very concerned at the cost and the impact on clinical practice of the growing trend towards litigation arising from medical treatment. I am considering, as a matter of urgency, the steps which might be taken to deal with this problem. I am not satisfied at present that, having regard to the legal issues involved, the establishment of a medical review panel would be appropriate. However, I am considering all aspects of the procedures which apply to the determination of liability and the award of damages with a view to identifying appropriate policy measures. In this regard, I am consulting with my colleagues, the Ministers for Justice and Industry and Commerce, and the Attorney General, who have an involvement in important aspects of this issue, before consulting with the medical profession.
Is the Minister aware that in some states in America they have set up medical review panels, made up of two medical personnel and one legal representative, which have examined the cases of medical negligence and that the insurance companies now, as a matter of practice, have accepted the verdicts of those panels and avoided very costly litigation? If such panels were set up here as an alternative to the legal process they would result in a substantial saving and a better way, on behalf of the medical profession and patients, of dealing with such cases.
I am aware that in the State of Louisiana there is such a medical panel but I am also informed that while they came down in favour of the medical profession in 85 per cent of cases, 60 per cent of those who felt aggrieved continued with the litigation in the courts. Certainly, we will be looking at all aspects to find some arrangement that will suit Ireland.
Will the Minister agree that litigation through the courts here is very expensive and that medical defence insurance fees have rocketed for all aspects of the medical profession? Will the Minister agree that he must take some action to deal with this matter and, at the same time, ensure that patients have their proper legal rights? What specific proposal and timetable is the Minister putting forward to deal with this matter?
I agree with the Deputy that the increasing litigation arising from medical treatment is a matter of concern here and in all countries. As I pointed out to the Deputy, I am consulting with my colleagues about this because it is not primarily a matter for the Department of Health. My colleagues, the Minister for Justice, the Attorney General and the Minister for Industry and Commerce, will have an input and then we will enter into discussions with the medical profession to try to get the most suitable arrangement for Ireland.