Minister to push for law on medical negligence

Rogue doctors who repeatedly cause harm to patients could be prosecuted for criminal negligence under new laws mooted by Minister for Health Leo Varadkar.

Mr Varadkar believes there is scope for toughening up existing legislation so doctors could be held criminally liable for their actions, his spokesman has confirmed.

The issue arose during a meeting last week between the Minister and the parents of children who had died or were injured at the maternity unit of Portlaoise hospital.

The families, along with advocacy group Patient Focus, pressed the Minister to reform the law so criminal sanctions would be available in cases of gross medical negligence.

‘Grotesque’

“No one wants to see doctors marched before the courts but there are cases so grotesque that something needs to be done,” said Sheila O’Connor of Patient Focus.

Mr Varadkar gave the families an undertaking he would raise the issue with Minister for Justice Frances Fitzgerald.

Over a decade ago, Patient Focus represented a number of women who underwent unnecessary Caesarean hysterectomies performed by Drogheda obstetrician Dr Michael Neary. The women made formal complaints to the Garda but the Director of Public Prosecutions decided there was insufficient evidence to bring criminal charges.

Limits of reform

Since then, regulation of the medical and other professions has been reformed. Fitness to practise hearings into poor professional performance or misconduct are held in public at the Medical Council. However, doctors who have left the State or retired cannot be compelled to appear.

Mr Varadkar told the meeting his focus was on improving maternity services across the country and assuring patient safety: “We cannot change what happened in the past but we can change what happens in the future”.

Many of the families expressed anger at the lack of progress in reviewing their cases, and the lack of accountability that exists where patients suffer harm in the health system.

Mr Varadkar says the reporting of serious events such as patient deaths will be a legal requirement under forthcoming legislation. Under the Health Information and Patient Safety Bill it will be an offence not to record and report such events.

Open disclosure, which has been introduced in the health service, will not be made mandatory, as it could dissuade people from reporting incidents.