HIGH RATE OF MEDICAL ACCIDENTS IN IRISH HOSPITALS / THE DIFFICULTY WITH MEDICAL NEGLIGENCE CLAIMS

We recently reviewed statistics on the number of medical accidents occurring in Irish public hospitals and found an alarmingly high rate. HIQA run a national web base database for the reporting of adverse clinical incidents and “near misses”. These figures show that in the year 2007, there were approximately 55,000 medical accidents reported by State hospitals to the State Claims Agency through this reporting system. Incredibly, this figure had increased to approximately 84,000 by the year 2010, with similar figures reported for 2011. This represents an increase of approximately 52% between 2007 and 2011. 

There is no detail provided on the nature of the medical accidents and whether or not any injury or death followed. Our own experience is that very serious consequences can arise from medical accident or “near miss” but clients face very serious challenges in pursuing their claims and this may explain the absence of a parallel rise in claims of medical negligence. 

A major obstacle in pursuing any claim against a hospital or doctor is financial. We are currently dealing with a difficult case where a client was left with a very serious disability following a mis-diagnosis. We received an initial medical report that identifies a plethora of shortcomings in the treatment she received. However, to progress this case further, we need at least three more medical reports to specifically address the issues of the standard of care and causation. Each of these reports are likely to cost in the region of £1,500 and we are expected to pay for the reports before even receiving them. This brings our client’s bill for medical reports alone, well before the claim is even close to a hearing to around £6000, which converts to in or around €7,000. 

Our client is currently receiving €218 per week on social welfare. Her injuries are such that it is extremely difficult for her to find suitable employment. She is not in a position to fund her action and it falls to us to do our best to subsidise the claim. 

We expect that this case is representative of many others, where patients who experience medical accident and where there possible claim for medical negligence cannot pursue their claim because of financial constraints. It is clear from the HIQA figures that there has been a worrying increase in the number of medical accidents occurring in our State hospitals. Yet anecdotally at least, we do not see a corresponding increase in the number of medical negligence claims and it may be these financial obstacles that are contributing to this in-balance. 

The disproportion financial fire-power between each of the parties is stark. On one side you have an insurance company defending a doctor against potentially very serious claims that may impinge very drastically on his or her professional livelihood. In our experience, resources are not constrained and medical reports are readily accessed in order to defend the claim. On the other hand you have applicants of often very limited means who in the first instance have a very poor understanding of how to bring such claims. 

As representatives in several medical negligence cases, we have to prepare cases as best we can and pursue all avenues to secure redress despite the limited financial means of our client. These cases are complex in many respects and the high costs of progressing them add a further layer of difficulty. 

Rebecca Keatinge
Brophy Solicitors