Is the Irish Medical Claims System Hurting Patients More Than Helping?

The Irish medical claims system, as it stands today, not only fails to deliver justice and compensation swiftly but also perpetuates a cycle of distress for claimants, healthcare professionals, and society at large. Dr Rhona Mahony’s assertion that the system is “propagating a cycle of harm” couldn’t be more accurate. The current approach focuses disproportionately on reducing financial liabilities rather than addressing the root causes of medical negligence. It’s time for a paradigm shift—one that prioritises patient safety and accountability over cost-cutting measures.

Understanding the Challenge

The financial burden of state medical claims in Ireland has reached staggering heights, with liabilities now estimated at €5 billion. This is driven predominantly by the high costs associated with catastrophic birth injuries, which, although they represent only 2% of claims, account for more than half of the costs. The government’s focus has been on reducing the costs associated with lengthy legal proceedings; however, this approach overlooks the real issue—preventing medical negligence in the first place.

This financial-centric narrative fails to address the human cost of medical negligence—an area where significant improvements can truly break the cycle of harm. The current adversarial system leaves families feeling re-traumatised, as they battle through complex legal processes just to secure the care their loved ones require. It’s a daunting maze that needs rethinking.

A Shift in Narrative

While it’s crucial to manage financial liabilities effectively, the government must pivot towards reducing the incidence of medical negligence itself. The focus should be on prevention, accountability, and support. This involves investing in healthcare systems to ensure they are adequately staffed and resourced, implementing robust risk management strategies, and fostering a culture of openness and learning from mistakes.

Real-World Examples and Insights

The State Claims Agency’s data shows an alarming rise in the cost of settlements, primarily due to catastrophic claims. However, despite a fall in the number of new claims, the costs continue to spiral upwards. This indicates systemic issues within the healthcare system that need addressing.

Dr Mahony’s report highlights the adversarial nature of the current system, which leaves families feeling unsupported and unheard. It suggests that every healthcare setting should have the capacity to swiftly and thoroughly analyse adverse events, providing immediate support to those affected. Implementing such measures could drastically reduce the need for litigation, ultimately lowering costs while improving patient outcomes.

The Role of Legal Counsel

Navigating the current claims system is complex and often overwhelming for those already dealing with the trauma of medical negligence. Seeking expert legal advice is crucial for ensuring fair compensation and justice. Experienced legal professionals can help claimants understand the intricacies of personal injury guidelines and strategise effectively for their cases.

What Can Be Done?

  1. Prevention and Accountability: Implement comprehensive training and development programmes for healthcare professionals to prevent errors and foster a culture of accountability.
  2. Support Systems: Establish dedicated support systems for affected families to provide immediate assistance and guidance following adverse events.
  3. Process Simplification: Streamline legal processes to make them less adversarial and more accessible, ensuring claimants can pursue justice without added trauma.
  4. Public Education: Increase public awareness about medical negligence and the claims process to empower individuals with the knowledge they need to advocate for their rights.

Call to Action

If you or a loved one has been affected by medical negligence, it’s imperative to seek expert legal counsel. Navigating the claims process can be challenging, but you don’t have to do it alone. Our team at HOMS Assist is here to help you understand your rights, explore your options, and secure the justice and compensation you deserve.

We urge the government to shift its focus from cost reduction to genuine healthcare improvements. By prioritising patient safety and systemic accountability, we can not only reduce financial liabilities but also build a healthcare system that truly supports and protects its patients.

For those navigating the maze of medical negligence claims, we stand ready to assist. Contact us today for a consultation and take the first step towards justice and healing.


By addressing the systemic issues at the heart of medical negligence, Ireland can create a safer, more supportive environment for both patients and healthcare providers. It’s time to break the cycle of harm and prioritise what truly matters.

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