MEDICAL INJURIES ALLIANCE
Medical Injuries Alliance launched to promote patient safety, access to justice for victims of medical negligence
- More than 84,000 medical accidents reported, but total number injured in Irish hospitals every year could be double this number
- International studies show that medical accidents and preventable error are a leading cause of premature death
- Even in the best performing A&E department in terms of waiting time – St James’s Hospital, Dublin – 33% of patients are not treated within HSE time guidelines, leading to up to 100 premature deaths per annum
- The introduction of a statutory obligation on healthcare professionals and administrators to reveal when mistakes are made will be core aim of new group
Tuesday, October 4th – A new group which has been established to promote patient safety and access to justice for the victims of medical negligence – the Medical Injuries Alliance (MIA) – has been launched today.
MIA has been established to advocate for access to justice for patients injured during medical procedures, to campaign for openness and transparency from the medical profession when mistakes are made, and to promote a deeper awareness of the circumstances surrounding medical accidents so that improvements can be made in patient safety in Irish hospitals and medical settings.
The most recent figures which are available show that more than 84,000 medical accidents are reported by Irish hospitals every year. However, international studies, including from the US National Academy of Sciences, indicate that medical accidents represent a leading cause of premature death with 4% of all patients treated in American hospitals suffered an adverse outcome to treatment as a result of preventable error.
The Department of Health has accepted that a similar rate of preventable error can be assumed to exist in Ireland which would mean that up to 160,000 people may be injured in Irish hospitals every year, with many of these injuries remaining unreported. In just one example, even in the best performing A&E department in terms of waiting time – St James’s Hospital, Dublin – 33% of patients are not treated within HSE time guidelines, leading to up to 100 premature deaths per annum.
MIA is a membership based organisation which will be open to all members of the public – including the victims of medical negligence, members of the legal and medical professions, and patients welfare advocates – who will work together to pursue common objectives which will promote patient safety and access to justice for the victims of medical negligence. MIA will be chaired by Michael Boylan and will be vice-chaired by Bruce Antoniotti SC.
The three immediate aims of the MIA are:
- To establish a Duty of Candour in Ireland on a statutory basis – A Duty of Candour is an obligation all health care professionals and administrators to reveal at the earliest possible opportunity when a medical accident takes place. Patients who suffer preventable injury in a hospital or other medical setting have a right to know what has happened.
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To improve access to justice for victims of medical negligence – MIA will promote actions that improve access to justice, including:
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Encouraging members of the medical profession in Ireland to provide objective clinical opinions for injured patients, which happens in other countries but which is not the case in Ireland.
At the moment, it is almost impossible to get an Irish medic to scrutinise the work of a colleague. It is unfortunately the case that within the Irish medical profession the ranks close when something goes wrong for a patient. This means that, for victims of medical negligence based in Ireland, obtaining export reports and second opinions on medical negligence matters is extremely time consuming and expensive as medical experts have to be brought to Ireland from other countries to take part in cases.
- That a clear set of rules be established by the Courts to promote the earliest possible exchange of information and the settlement of valid claims.
- That the system of legal aid be expanded to ensure access to proper experienced legal advice and an effective system of legal aid for patients.
- That an independent audit be performed of hospital care and treatment following litigation so that lessons can be learned and to avoid a similar medical error being repeated in the future.
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Encouraging members of the medical profession in Ireland to provide objective clinical opinions for injured patients, which happens in other countries but which is not the case in Ireland.
- To promote patient safety by understanding the causes and consequences of medical accidents – MIA will hold an annual conference and regular seminars involving members of the medical and legal profession, the victims of medical negligence and representatives of patient organisations to ensure that those who have a responsibility for protecting the interests of injured patients have an understanding of the causes of medical accidents and the legal principles and precedents applicable to medical injury litigation.
Michael Boylan, Chairperson of the Medical Injuries Alliance, commented:
“The introduction of a Duty of Candour – a responsibility on the medical profession to be upfront and honest with patients when things go wrong – would completely change the current culture where a lack of openness between patients and their doctors in cases of medical negligence is unfortunately the norm.
“Clearly, the Medical Injuries Alliance will be campaigning for a Duty of Candour to be introduced as we believe that the victims of medical negligence deserve nothing less than openness and transparency from the all healthcare professionals and healthcare administrators.
“However, studies also show that openness can decrease the trauma felt by patients following an adverse event and that 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. This was noted in the report of The Commission on Patient Safety and Quality Assurance of the Department of Health, “Building a Culture of Patient Safety” (2008).
“In addition, the introduction of a Duty of Candour has also resulted in a decline in legal costs arising from medical negligence, seen for example in the case in the University of Michigan Hospital System.
“In Ireland, the victims of medical negligence often find that the odds are stacked against them – accessing information about what has happened can be difficult or near-impossible, finding medics to give evidence on their behalf can be exceptionally time consuming and expensive, and without access to an effective system of legal aid many victims simply do not have the resources needed to access justice.
“The Medical Injuries Alliance will seek to promote a cultural change in how medical negligence is addressed in Ireland, putting the victim of negligence at the centre of the issue – not at the periphery, as is the case today.”
Information in relation to the Medical Injuries Alliance can be accessed on www.medicalinjuriesalliance.ie.