The Gazette 1996

GAZETTE

AUGUST/SEPTEMBER 1996

Does Advertising by Solicits These two differing opinions on this topic were first published in the Julyft 'Ambulance chasers' are on our doorstep year! I estimate that well in excess of £500,000 will be spent this year on advertising by solicitors. Somebody has

to foot the bill for this astronomical outlay and in thefinal analysis these overheads are paid for out of the solicitor's "success" in winning injury claims for his clients. The cost of injury claims It is well established that the Irish are a litigious people. Business and industry, the professions, and every arm of the State has been hit for millions of pounds through injury claims. At this stage I should emphasise that genuine victims deserve, as of right, a speedy and proper compensation arising from injuries, however or wherever received. Our present court system leaves much to be desired in the area of speedy administration of justice to victims of injuries. However, the statistics surrounding litigation in Ireland in comparison with the UK and the EU are extremely worrying. • Irish doctors are four times more likely to be sued than their UK counterparts. • Irish legal costs are four times greater than the UK. • Irish awards for pain and suffering are the highest in Europe. • A total pay out of in excess of £600 million results from injury claims. • The Department of Health pays over £20 million in insurance premia on behalf of doctors/consultants. • Ten years ago an obstetrician paid £800 medical malpractice insurance. Today he pays £30,000 for that same cover. Have medical standards fallen that much in the intervening years? • Nobody can estimate the cost to the

"Flashy" advertising by a minority of solicitors is having an influence far greater than their numbers, writes Mr. Brendan Healy. An individual,firm or organisation that engages in advertising does so for two reasons: (a) To convey information (b) To generate business/customers. Any solicitor who advertises his expertise does so to let the public know that his expertise is available to them and in the hope that some section of the public will be enticed to use his services. It is common practice in the advertising world and, regrettably, among some solicitors to offer a carrot to potential customers. So we read in the Golden Pages thatfirst consultations are free: hospital or home visits can be arranged with the solicitor and, yes of course, the reminder that "most cases are settled out of court". Advertising one's availabilty and expertise is totally different to the "practice announce- ment" as used by the medical profession or the majority of solicitors to acquaint the public of their practice details. Whatever may have been the original thinking of the Incorporated Law Society when it relaxed its rules on advertising, I doubt that it envisaged that advertising one aspect of the profession's expertise, namely injury claims/compensation, would be marketed so aggressively. While I accept that this form of advertising is resorted to by only a tiny minority of solicitors, their influence is far greater than their numbers. A "flashy" advertisement in the Golden Pages can cost over £12,000, almost as much as a surgeon's malpractice insurance this 22X

Brendan Healy

Business aims One would not have to be a solicitor to argue, with reasonable success, that all the above indicators existed long before the Law Society's rules governing solicitors advertising were relaxed. Others would argue that the volumes of patients seen by consultants, the lack of resources and an ever increasing public expectation of a perfect outcome to all courses of medical treatment are what give rise to increased litigation. In a word, doctors have nobody to blame but themselves. All of these comments have an element of truth. I suggest however, that the relatively recent move towards advertis- ing by segments of the legal profession are merely fanning the flames. The "ambulance chasing" mentality of the US is now on our doorstep. Advertising is expensive. Its purpose is to generate business, which I emphasise is legitimate, but this business aim should not be camouflaged or presented as a social service whereby "St. Vincent de Paul minded people" are offering their services free of charge to the injured or underprivileged. More rather than less doctors are likely to be sued as a result of advertising by solicitors. Mr. Brendan Healy is a consultant orthopaedic surgeon in Sligo General Hospital.

Exchequer and to private health insurance providers of defensive medicine.