A LEGAL “duty of candour” should be introduced into Irish law which would require medical professionals to own up candidly to their patients when they know a person suffered a medical injury, according to a leading lawyer.
Michael Boylan of Augustus Cullen Law was speaking at a conference on catastrophic birth and child injuries in Dublin yesterday. It was organised by Action Against Medical Accidents (AvMA), an independent charity that promotes better patient safety, with the support of Patient Focus.
Mr Boylan is a member of the working party established by the High Court to look at provision for the victims of catastrophic injury.
He said such a “duty of candour” would not only reduce the trauma and distress suffered by patients and their families, it could substantially reduce the amount of legal and associated costs arising from unnecessarily contested medical negligence actions.
He quoted from a HSE report which found patients often forgive the medical error when it is disclosed promptly, fully and compassionately, and action is taken to make sure it does not happen to another patient.
The High Court working group, chaired by Mr Justice John Quirke, will be looking at pre-action protocols which will hopefully endorse the principles enunciated in such reports, he said.
A first report from the group was published in November last, and it recommended most of those in need of compensation for catastrophic injuries receive periodic payments rather than a lump sum.
Mr Boylan said he hoped the report would be acted upon and legislation introduced, as this is in the programme for government. However, there was a danger the overall cost to the State, where it was the defendant, would be greater than the payment of a lump sum, and he feared such legislation, also recommended by the Law Reform Commission, might not be brought forward.
Jim Reilly of Patient Focus said there were more than 4,000 perinatal incidents reported to the State Claims Agency in 2009.