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The Minister for Health, Stephen Donnelly TD, and the Minister for Justice, Helen McEntee TD, have today received Government approval to publish the Final Report of the Expert Group to review the law of torts and the current systems for the management of clinical negligence claims. Government noted the contents and recommendations of the Report and that both Ministers will return to Government following further consideration of the recommendations being proposed.

In June 2018, as part of a commitment in the Programme for Government, the Minister for Health, the Minister for Justice and Equality, in association with the Minister for Finance, announced the establishment of an Expert Group to consider an alternative mechanism to the court process for resolving clinical negligence claims. The Group, chaired by the High Court Judge, Mr Justice Charles Meenan, comprised representatives from the Departments of the Taoiseach, Public Expenditure and Reform, Justice and Equality, Health, AGO, HSE, State Claims Agency as well as patient advocacy representation and a practicing solicitor who has experience representing plaintiffs. 

The Report published today contains seventeen recommendations for change, eleven of which relate to the Department of Health and six of which come under the remit of Department of Justice.  Following further consideration of the recommendations, both the Minister for Health and the Minister for Justice will revert to Government regarding implementation.

Minister Donnelly said “I welcome this Report and believe that it sets out a comprehensive set of recommendations to be implemented to ensure that clinical negligence claims can be managed more effectively and I intend to bring forward a number of reforms that are recommended. I would like to thank Judge Meenan and the members of the Group for their dedication and commitment to this work and for producing the Report in such a timely manner.”

Minister McEntee said  “I would like to express my appreciation to Judge Meenan and the members of the Group for the work they have put in to produce this important report.  I will closely examine the recommendations which are relevant to my Department and will revert to Government on the implementation of those recommendations in the near future.”

The Final Report of the Expert Group is available here: https://www.gov.ie/en/publication/ffb23-expert-group-report-to-review-the-law-of-torts-and-the-current-systems-for-the-management-of-clinical-negligence-claims/