Abstract
AbstractArguments for reform of the dynamic of medical negligence litigation in Ireland frequently centre on temporal and financial concerns. However, as the field of law and psychology has continued to grow, a body of international literature has emerged which recognises that litigation can have a destructive emotional impact on its participants, particularly in the context of medical negligence disputes.This paper contributes to the discourse on law-caused harms through a critical exploration of the emotional burdens of medical negligence litigation from the perspective of both the plaintiff and medical practitioner, with reference to the findings of an empirical study (interviews with barristers, patient support groups, and medical professional bodies) and the literature. Whilst the temporal and financial efficiency of medical negligence litigation is important, if litigation can cause emotional harm, this should be considered a serious, undesirable effect of the traditional adversarial process, and may have broader implications for reform in this area.
Highlights
This paper contributes to the discourse on law-caused harms through a critical exploration of the emotional burdens of medical negligence litigation from the perspective of both the plaintiff and medical practitioner, with reference to the findings of an empirical study and the literature
The contentious nature of the adversarial process, in Ireland, medical negligence disputes continue to be resolved by means of litigation.[5]
The findings of this study suggest that plaintiffs find the process of medical negligence litigation to be upsetting and distressing, and the research uncovered that the impact of litigation can manifest itself in a variety of ways, including the experience of pain, anger, disappointment, and anxiety.[67]
Summary
Medical negligence litigation is a relatively recent phenomenon in Ireland, with medical negligence claims virtually non-existent in this jurisdiction until the late 1980s.15 the principles underlying the tort of negligence (duty of care; breach of duty; damage; and causation)[16] are applicable to claims of medical negligence, actions of the type under scrutiny have developed a jurisprudence of their own in Ireland. Whilst establishing a breach of duty is a legal test, which in the course of an ordinary negligence action requires a plaintiff to establish that the standard of care provided fell below the standard required by law, in medical negligence actions the courts must defer to professional medical standards. Whilst various reform measures aimed at ameliorating the perceived financial and temporal burdens of medical negligence litigation, similar to the Woolf reforms in England and Wales, such as pre-action protocols and the introduction of case management, have been considered in Ireland,[40] and were recommended by the High Court Working Group on Medical Negligence in 2012, they have yet to be implemented. Reform measures will be further considered towards the end of this paper
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
