The activities of a small number of lawyers in advertising for personal injuries cases have done "irreparable" damage to the practice of hospital medicine in the Republic, the Irish Hospital Consultants' Association has claimed.
While new legislation governing advertising practices by solicitors came into force last November, the IHCA said the damaging influence of past advertising campaigns will remain for at least a decade.
The association met the Minister for Justice, Mr McDowell, last week to lobby for reform of legislation governing the handling of medical negligence cases.
In its discussion document, prepared for that meeting, the IHCA referred to how medical practice had been adversely affected by our compensation culture.
"Defensive medicine is widely practised by all doctors and must be costing the Exchequer and health insurance providers millions of euro annually. For many medical practitioners, every patient is a potential litigant and, as a result, certain tests and procedures are performed with the intention of protecting the practitioner as much as ensuring the correct diagnosis of the patient is made."
The document added that, when consultants do make mistakes, patients affected should be able to obtain justice without having to resort to extraordinary efforts.
It suggested to the Minister that a no-fault compensation fund or a social welfare scheme be set up to provide for children born with cerebral palsy.
Up to 200 such children are born annually and their parents, according to the document, have no option but to sue the hospital or the mother's consultant to fund their care.
In addition, it says patients who wish to sue should have to do so within a specific time-frame, and the judiciary should have their freedom to make awards in these cases curtailed.
Personal injury advertising by lawyers is to be severely restricted under new Law Society rules. Advertising in "inappropriate locations" such as hospitals, funeral homes, surgeries is to be banned. Phrases such as "no foal, no fee" that "solicit" personal injury claims will also be banned.