Medical negligence cases are often complex, stressful, and slow to resolve. One of the main reasons is the role of expert medical evidence. In most cases, both sides need independent medical experts to comment on the care that was given, whether the standard of care was acceptable, and whether any failure caused injury.
Recently, there has been increasing discussion about how expert witnesses are selected and used, and whether a more structured system could improve the handling of these cases.
What is a court-approved expert panel?
Put simply, a court-approved expert panel would be a recognised pool of medical experts who could give evidence in medical negligence cases. The aim would be to improve consistency, reduce delay, and make it easier to find suitably qualified experts.
Supporters of the idea say it could help reduce disputes over expert evidence and make the legal process more efficient. Others point out that any such system would need to be truly independent, especially in cases involving public hospitals or State bodies.
Is there a court-approved expert panel in Ireland right now?
At present, no.
There is no formal court-approved standing panel of medical experts for clinical negligence cases. These cases are still handled in the usual way, with each side instructing its own experts, while the court manages how expert evidence is exchanged and used. The High Court now has a dedicated Clinical Negligence List, but that is not the same thing as a court-run panel of experts.
Why has this issue become more important?
Expert evidence can be one of the most difficult parts of a medical negligence claim. Finding the right expert can take time. Costs can be high. There can also be disagreement about the independence, availability, and suitability of experts.
In September 2024, the Department of Health published the Report of the Interdepartmental Working Group on the Rising Cost of Health-Related Claims. The report recognised the strain caused by long-running adversarial litigation, and it made several recommendations aimed at improving the system for patients and healthcare providers alike.
What did the 2024 report say about expert panels?
The 2024 report recommended that a panel of medical expert witnesses should be developed on an initial voluntary basis. It suggested that the panel should be overseen by an existing regulatory body with suitable expertise. It also said that panel members should be in active practice, or recently retired, trained as expert witnesses, and available to act for both plaintiffs and defendants.
What has happened since then?
There have been some significant developments.
Previously, I wrote about the New Practice Directions for Clinical Negligence Claims, which introduced an important change in how these cases are managed in the High Court. From April 2025, a dedicated Clinical Negligence List came into effect, along with stricter requirements when applying for a trial date. These changes were designed to improve case management, encourage earlier preparation, and promote earlier resolution where possible.
These new Practice Directions do not create a court-approved expert panel. However, they do show that the courts are taking a more structured approach to clinical negligence litigation, including the management of expert reports, witness evidence, and mediation.
There has also been movement outside the courts. In November 2025, the Irish Hospital Consultants Association announced that it was developing its own panel of consultant expert witnesses. That initiative is separate from the courts, but it is another sign that expert evidence is becoming a central reform issue in this area.
What could this mean for patients and families?
For patients and families, the idea of a more structured expert witness system may sound positive. In theory, it could make it easier to access qualified experts, reduce delay, and improve confidence in the process.
That said, there are still important questions. Any future panel would need to be fair, independent, and trusted by all sides. It would also need to avoid any perception that experts were being selected in a way that favoured defendants or public bodies.
So, while reform is being discussed, the practical detail will matter a great deal.
Need advice on a medical negligence matter?
The team here at McCarthy + Co Solicitors LLP supports clients across Ireland in gathering the evidence needed to assess a claim, including medical records, expert witness input, and specialist medical opinions where appropriate. Arrange a time to speak with a solicitor by completing our confidential online form.
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