A recent report in the Irish Examiner (October 4, 2025), highlighting the annual conference of the Medical Protection Society (MPS) underscores a critical truth we see every day at Whelan Law: the process for resolving clinical negligence claims in Ireland is painfully slow, unduly expensive and takes an enormous toll on both patients and doctors.
Dr. Rob Hendry of the MPS argued that long cases are "racking up legal costs that are among the highest of all the countries where we operate". Crucially, he pointed out that the process is "much worse by a painfully slow process, longer than in any other country where MPS has members".
For a patient who has suffered severe injury, every month counts. Prolonging the process forces families to live in uncertainty, delaying access to vital long-term care, therapies and financial security. This directly violates the spirit of Patient Safety by adding years of avoidable stress to an already traumatic experience.
The Path to a Better System
The Programme for Government has committed to considering a dedicated medical negligence court and has also pledged to make the process "easier and less stressful" for patients. While these commitments are welcome, Dr. Hendry is correct in urging urgency on reforms, some of which were legislated for a decade ago but have yet to be delivered, such as better access to mediation.
We firmly believe that immediate action is needed in two areas:
Effective mediation, supported by genuine transparency and accountability from healthcare providers, can reduce costs and expedite resolution, honouring the dignity of the patient.
The creation of a dedicated forum or court focused solely on medical negligence would streamline procedures and establish specialised expertise necessary to resolve these complex cases efficiently.
Whelan Law has consistently advocated that legal action should be a path to answers, closure and systemic change, not a prolonged endurance test. The findings of the MPS reinforce our call for the Government to swiftly implement the reforms necessary to ensure a modern, efficient and compassionate legal system that prioritises the needs of patients above all else.