IHCA to establish panel of consultant expert witnesses

Hospital consultants from across the country are attending two workshops this week in Dublin as part of a drive to establish a panel of expert witnesses from the Irish medical community, to enhance standards in medical negligence cases.

The expert witness training workshops, organised by the IHCA and The Expert Witness Site, are taking place today and tomorrow (25-26 November) at King’s Inns, Dublin.

The IHCA has partnered with The Expert Witness Site – an Irish organisation founded by barristers who source expert witnesses for legal teams involved in clinical negligence cases – to offer these masterclasses designed to reduce the Irish legal system’s reliance on overseas testimony.

Led by experienced barristers, the workshops are intended to give consultants a clear understanding of what acting as an expert witness entails, by enhancing their knowledge of current case law, explaining the duties of experts as established in court rules, and ensuring they do not fall into the common pitfalls often encountered by expert witnesses from home and abroad.

The workshops form part of a wider move by the IHCA to champion a number of progressive reforms aimed at controlling the increasing cost of medical negligence cases to the State and reducing the financial and emotional burden placed on patients and their families going through the claims process.

These reforms also include: The introduction of pre-action protocols involving earlier disclosure of patient records, mediation and opportunities for settlement, with sanctions for any party who fails to adhere to them; the resumption of phased or periodic payments that spread the cost of claims over a lifetime; and a review of the real rate of return, which is the percentage applied by the courts to adjust the compensation awarded.

Announcing the workshops, the IHCA reiterated its call for the Government to fully implement the recommendations of the Department of Health’s 2024 report on the rising cost of health-related claims. The group, which was chaired by Consultant Obstetrician and Specialist in Foetal and Maternal Medicine Prof Rhona Mahony, recommended all of the above reforms.

The Department of Health’s expert group was comprised of membership from across relevant government departments and agencies. It was established by former Minister for Health Stephen Donnelly, who, at the time of its publication, called for its recommendations to be “implemented without delay”.

Commenting on the workshops and the need for reform, IHCA President Prof Gabrielle Colleran said the current protracted claims processes are not fit for purpose.

Prof Colleran said they are resulting in not only increased legal costs that are among the highest in the world, but also significant human costs resulting from the litigation process.

“As an Association, we believe there is an urgency to address the spiralling cost of litigation that is draining both resources and morale from the health service,” she said.

“Despite a welcome reduction in the sum of medical negligence claims paid in 2024, the current estimated outstanding liability associated with the State Claims Agency claims portfolio is €5.35 billion, which could rise further if the status quo continues unchecked.

“Consultants want to see the reforms outlined in Prof Rhona Mahony’s report progressed without further delay, as not doing so will only increase the cost to the State and worsen the experience of the processes involved for patients.

“The parallel human cost of litigation is significant, and these reforms are required to improve the patient’s journey through the medical negligence process and ensure no further harm is done by its adversarial nature. We will continue to engage constructively with policymakers and stakeholders to ensure these reforms remain a top priority, while keeping the patient at the centre at all times.

“This progressive partnership with The Expert Witness Site to hold these workshops this week is the start of a forward-thinking strategy whereby the Association will develop a panel of expert witnesses from our membership to ensure that the highest standards of independence and excellence in expert evidence are upheld – reducing our system’s reliance on overseas testimony and, in doing so, helping to cut costs and enhance credibility in our courts.”

Commenting on the workshops, Barrister Ms Eavanna FitzGerald, founder of The Expert Witness Site, added: “We are delighted to be collaborating with the IHCA on this hugely important project. The administration of justice relies on experienced professionals providing independent guidance to the court on their area of expertise; and the IHCA and their members are to be commended for leading the way in developing a panel of Irish consultant expert witnesses who are fully informed as to the legal duties and responsibilities associated with the role.”