Medical negligence claims can result in particularly expensive awards, and especially in Ireland. But that is not a sufficient reason for the Health Service Executive to adopt a blanket denial approach in such situations. It has, however, been its standard response to patients who believe the nature of their treatment was inadequate. It may be – as with motoring incidents – that insurance companies or the State Claims Agency insist there should not be an admission of fault. Such an approach has a corrosive effect on public confidence in the quality of medical care and should be modified – workable and fair options have been introduced in other states.
Saying “sorry”, or admitting fault, can be difficult. In particular circumstances, however, it is the only appropriate response and can contribute to the welfare of both parties. Treating patients with respect and accepting responsibility when things go wrong is a basic requirement in the context of compassionate, caring medicine. Within the public service, an embedded culture regards such an admission as unacceptable, on the spurious grounds of “protecting the public purse”. And while attitudes have moderated somewhat in recent years, much remains to be done. The HSE is not alone in adopting an ostrich-like response to justifiable public complaints.
Earlier this week, following an inquest, an apology was offered to a Limerick couple arising from the death of their newborn daughter six years ago. The apology was rejected and the HSE was accused of putting the family through pain and torment in their long-drawn-out efforts to obtain justice. In response, the HSE blamed the State Claims Agency for the delay.
It was a shabby episode, particularly in the context of an earlier out-of-court settlement. Passing the buck in such situations is not acceptable. A common interest links the HSE and the claims agency and there has been a persistent pattern of denial, prevarication and years of unnecessary delay in dealing with medical claims. The public and aggrieved patients deserve better. So do the vast majority of medical professionals.