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The nature of clinical negligence claims, and the Irish legal system, means that it can often be years before a case is brought and fully resolved. This is exacerbated by a slow process where delays are rife and there are no mechanisms to allow for early resolution of a claim.
Medical Protection have long been campaigning for tort reforms that would improve the system, reducing the stress for doctors and patients alike.
In March 2025, we took the campaign to parliament to call on TDs and Ministers to make the final push to implement these changes.
The claims environment in Ireland suffers from inefficient and unpredictable legal processes, resulting in delayed and costly outcomes.
Our analysis of the cases we managed on behalf of our members showed that claims took longer to resolve in Ireland than in any other country where we have members – 1,478 days to be exact.
Our data also highlighted the huge legal costs attached. Between 2015 and 2024, it cost €38,673 on average to defend a claim. That’s 72% more expensive than in Malaysia and a staggering 193% more expensive than in the UK.
Going through a claim in Ireland is slow, expensive, and in addition to the huge stress it causes healthcare professionals, it often adds even more stress to patients and their families who are already going through tough times.
We firmly believe that the introduction of pre-action protocols would start the process of reducing both the human and financial impact of the current system. You can read more about this in the report we published in 2024, The human and financial cost of clinical negligence claims: the case for pre-action protocols.
Pre-action protocols are a set of guidelines, laid out through legislation, which explain the conduct and steps a court expects parties to take before legal proceedings can commence. Early information sharing from day one would encourage the early resolution of claims, outside of the court and litigation.
We, and our members, feel strongly this would start the cogs turning in changing the way in which the system is run; they would make the process fairer and faster.
However, they won’t work overnight. There is already a backlog of cases in the system and a new, early information sharing approach would be a shift from how things are now.
There have been some early signs of commitment. A report produced by a working group for the government in September 2024 recommended the introduction of pre-action protocols. This followed very positive engagement we had with the group earlier in the process and they heavily referenced our research in this area.
The coalition parties of the new Government, Fianna Fáil and Fine Gael, both made manifesto commitments to implementing recommendations in this governmental report.
Once in Government, they also committed to this in the January 2025 Draft Programme for Government.
All that is needed is the political and Ministerial focus to push this over the line. So we took the campaign to the home of Irish politics.
On a sunny day in May, eight colleagues from Medical Protection headed to Leinster House ready to deliver a briefing event for newly elected, and returning, politicians. We wanted them to hear for themselves how urgent these reforms are.
We were hosted by Barry Ward TD, a recently elected barrister, and were joined by over 20 TDs and Senators from across the political spectrum.
Also in attendance were key voices from Royal Colleges, Associations, Trade Unions and legal firms.
Together, we dug into the major problems with how clinical negligence claims are currently processed. We heard how the lengthy legal process leaves everyone involved feeling isolated and unsupported.
One message came through loud and clear: we can’t afford to wait any longer.
We followed up the event by coordinating a joint letter to Minister for Justice and the Minister for Health from fourteen patient, health professional and legal organisations, urging them to make legislative change and tort reform a top priority. These changes must not be left for another five years.
The current system does unnecessary harm to patients and their families, as well as healthcare professionals, and puts an unfair burden on Ireland’s legal system. Pre-action protocols and other reforms are urgent. The time is now.