High Court Judge Calls for Legislation to Reform Medical Negligence Cases

Judge David Barniville, President of the High Court, spoke at an Irish Hospital Consultants Association meeting regarding medical negligence. He stated that while the courts have made changes to handle these cases, the necessary reforms must be underpinned by legislation. Barniville noted that pre-action protocols, which require early engagement between claimants and doctors, are currently awaiting ministerial regulation.

Judge Barniville suggested that implementing pre-action protocols could reduce the number of cases reaching the High Court and potentially curb the State’s liability for medical negligence claims. He emphasized that legislators, rather than the courts, should be the experts responsible for establishing these reforms.