When a medical mistake happens, the focus is rightly on the patient and their family. The consequences can be devastating, altering lives forever. However, a recent conference has shed light on another side of this tragedy: the profound emotional and psychological toll these events take on the doctors involved. This, combined with a strained healthcare system and rising medical negligence costs, creates a complex and challenging environment for everyone. This post will explore these interconnected issues and explain what they mean for patients and their families seeking justice and accountability.
The Emotional Toll on Doctors
Behind every medical error is a healthcare professional who must live with the consequences of their actions. Dr. Sorcha O’Meara, speaking at the Irish Hospital Consultants Association (IHCA) conference, highlighted that the impact on practitioners goes far beyond just “feeling guilt and anxiety.” She revealed that
“people describe suicidal thoughts and there have been cases of death by suicide.”
This isn’t an isolated observation. Professor Kevin Turner from Bournemouth University shared findings from a survey of surgeons involved in adverse events:
- Half suffered from anxiety.
- 42% struggled with sleep.
- 10% reported drinking more alcohol.
These statistics paint a grim picture of professionals in distress, yet the support systems in place are often inadequate. The same survey found that while almost 90% of surgeons believed peer support was necessary, only a quarter felt the available support was sufficient.
Systemic Failures and the Stress of Litigation
The lack of adequate emotional support is compounded by the stress of litigation. Professor Rhona Mahony, an obstetrician at the National Maternity Hospital, noted that many healthcare professionals struggle to cope with the legal process. Her research indicates that obstetricians face a 15% risk of post-traumatic stress disorder after being sued.
The current legal system is often described as adversarial and combative, which only deepens the trauma for both patients and doctors. Families affected by medical negligence find the process slow and retraumatising, seeing it as a last resort to find answers, get an apology, and prevent similar harm to others. For practitioners, the fear of litigation can lead to defensive practices, which don’t necessarily improve patient care and can foster a culture of silence. This is a system that, in many ways, fails everyone involved.
The Financial Burden of Medical Negligence
The emotional cost is matched by a staggering financial one. The State’s medical negligence liability is currently estimated at €5.35 billion and is growing by 13% annually. To put that into perspective, it stood at just €900 million fifteen years ago.
According to Philip Fagan, a senior clinical claims manager at the State Claims Agency, there are currently 10,968 medical negligence cases pending against the State. This rising tide of litigation places immense financial pressure on the healthcare system, diverting funds that could otherwise be used for patient care and infrastructure improvements, like addressing the chronic overcrowding in hospitals like University Hospital Limerick (UHL).
A Patient’s Perspective: The Power of Open Disclosure
While doctors grapple with guilt and the system buckles under financial strain, what do patients and their families truly need? Patient advocate Margaret Murphy, whose son Kevin died from a medical error in 1999, shared a powerful message at the conference. She argued that disclosure should not be about blame. Instead, it should be centred on integrity, learning, and prevention.
For many families, an apology and a transparent explanation of what went wrong are more important than financial compensation. It provides closure and a sense of assurance that lessons will be learned to protect others. As Rachael O’Shaughnessy of HOMS Assist has noted, even when cases are settled, defendants often remain unwilling to provide an apology, which can be more upsetting to families than anything else.
What is the Path Forward?
Reforming Ireland’s medical negligence landscape is essential. Several solutions have been proposed to create a more supportive and less adversarial system:
- Pre-Action Protocols (PAPs): Expected to be introduced next year, PAPs aim to facilitate early and open communication between parties before a case goes to court. This encourages early disclosure, clarifies disagreements, and can lead to quicker settlements.
- Mediation: In 2022, 34% of clinical compensation claims were resolved through mediation. This approach offers a less confrontational platform for resolution, cutting costs and emotional strain.
- Better Support Systems: Implementing robust, accessible peer support networks for doctors after adverse events is crucial for their well-being and to foster a culture of openness rather than fear.
- Open Disclosure: The Patient Safety Act 2023 allows healthcare providers to offer an apology without it being an admission of liability. Embracing the spirit of this law is vital for rebuilding trust between patients and the healthcare system.
These measures are not just about reducing costs; they are about fostering a culture of accountability, learning, and empathy that serves both patients and practitioners.
How We Can Help
The intersection of medical error, professional distress, and systemic failure is complex. While the healthcare system works towards reform, patients and families who have suffered due to medical negligence need support and guidance now. Understanding your rights and navigating the legal process is a challenge you should not have to face alone.
At HOMS Assist, we have over 55 years of experience helping families affected by medical negligence. We approach every case with empathy and a commitment to securing justice. If you believe you or a loved one has been a victim of substandard medical care, our team is here to provide expert legal advice.
Contact us today at 1800 207 207 or via our online form for a confidential consultation.
