2015 2016 2017 2018 Swing-gate: How the story of Maria Bailey’s fall brought ‘compo culture’ and the need for insurance reform to the heart of politics. Significant time and resources have gone into investigating the existence of a ‘compo culture’ and rogue practices in the legal and medical professions. This is an investigative series from December 2019. ON SATURDAY IRELAND’S BEST- SELLING NEWSPAPER THE PROBLEM WITH 100 wines PATERNITY FOR CHRISTMAS LEAVE Saturday, December 7, 2019 €3.00 (£1.80 in Northern Ireland) C DONAL SKEHAN’S MODERN DINNER PARTY IN WEEKEND REVIEW NEW-LOOK SPORT SECTION The 50 best Sinead Kissane Rúaidhrí O’Connor children’s Alan Quinlan Colm Keys books of the year INSIDE Saturday, December 7, 2019 €3.00 (£1.80 in Northern Ireland) C Inside the FAI: Secret contracts, Revealed: How hidden losses and spiralling debt GPs and lawyers are fuelling our claims culture :: Solicitors asking doctors to change their medical reports :: ‘You’re still worth 10 grand if you recover,’ reporter is told Amy Molloy a GP in bulk “for up to 10 medical reports at a time”, but said they “don’t have a special relationship”. DOCTORS are fuelling Ireland’s At one stage a reporter was told it compensation culture by actively investigation was “probably best to leave out” of encouraging patients to bring per- the medical report that she suffered sonal injury claims, an Irish Inde- from back and neck stiffness prior to pendent investigation has found. a “rear-ending accident”. Our probe discovered some doctors surgeon. It also uncovered how: A solicitor said, “You’re still worth are even recommending particular :: Some medical reports were found 10 grand” when the reporter asked solicitor firms. to be “word-for-word”, “copy and what happens if she had fully Meanwhile, solicitor firms in turn paste like” and with incorrect patient recovered. John Delaney: The worst thing ever Recommended retail price of the Irish Independent in are directly referring clients to GPs names; The solicitor added: “If you get sev- ROI is €3.00 (£1.80 in Northern Ireland) to happen to Irish football? Vol. 128 No. 293 Irish Independent and orthopaedic surgeons to have :: Solicitors and claimants asked doc- en-and-a-half grand into your hand injury reports prepared. tors to amend medical reports; after all expenses… that’s happy Reports pages 2-3 The undercover investigation :: Physical examinations for whip- days.” and Sport found at least seven firms are send- lash lasted as little as 40 seconds; ing clients to the same orthopaedic :: One solicitor claimed he’s paying Continued on Page 4 4 Saturday, December 7, 2019 IRISH INDEPENDENT News Inside compo culture What happened when undercover reporter Amy Molloy attended solicitors and GPs after filling out a form on a claims harvesting website ‘If you get seven and a half grand... happy days’ SOLICITOR told professionals to have a medi- Insurance an undercover cal report prepared. probe : reporter “you’re ‘Insurers just The reporter then presented Reporter still worth 10 herself to some of these as a Amy Molloy A grand” after she walk-in patient. outside the want to throw said she felt OK following a One GP asked her, “Have you Four Courts, rear-ending accident, adding: money at you...’ been to a solicitor?” when she Dublin. “If you get seven-and-a-half said she was in a rear-ending PHOTO: OWEN grand into your hand after all accident. BRESLIN expenses… that’s happy days.” The senior GP then recom- The reporter came into mended two solicitor firms contact with a number of during the medical consulta- solicitors and medical pro- tion. One of the firms recom- fessionals after filling out an mended had already contacted assessment form on a claims the reporter through the harvesting website. claims harvesting website. while driving. The reporter issued a sick cert and told her The physical examination This site asked for the report- The GP told the reporter said there was a bit of damage she would be entitled to com- lasted less than 40 seconds. er’s name, number and a brief See the video she would get money if she done to the car and she didn’t pensation if she brought a The GP said it would “prob- description of the accident. brought a claim for whiplash think anything was wrong, but claim. ably be best not to” include in She then received a call online at and her case likely wouldn’t go her neck started to feel sore Two weeks later, the reporter the medical report that she back from a number of solici- to court as “insurers just want shortly afterwards. attended a second consultation suffered from back and neck tors, who all told her over the independent.ie to settle.” The GP diagnosed her as with the same GP which was stiffness before the rear-end- phone they would arrange for She said her neck was sore having whiplash after asking set up by a solicitor the GP had ing accident if this health issue her to go to named medical after her car was rear-ended her to do some neck stretches, previously recommended. hadn’t been subject of a previ- Medics are encouraging patients to bring claims – even From Page 1 simply haven’t arisen”. having whiplash after asking Advice: A spokesperson for the inju- The reporter came into con- her to do some neck stretches Some ries board said its guidelines Our probe discovered how tact with these solicitors and – and issued a sick cert. doctors are for medical practitioners some solicitors and claimants medical professionals after fill- During the same consul- encouraging acting on its behalf are that are even asking doctors to ing out an assessment form on tation, the GP said it would patients “doctors do not advocate for amend medical reports. a claims harvesting website. “probably be best not to” to bring either party [defendants or In one case, a firm requested After filling in a brief descrip- include in the medical report personal plaintiffs], and must instead a GP omit from his report how tion, the reporter received that she suffered from back injury claims. advocate for the medical facts”. a patient had previously made several calls from different and neck stiffness before PICTURE The spokesperson added a number of claims for sep- solicitors, who all said they the rear-ending accident if POSED that the GP was acting as the arate accidents as “it wasn’t would arrange for her to go this health issue hadn’t been undercover reporter’s doc- relevant”. to named medical profession- subject of a previous claim. tor and not on behalf of the In another case, a patient als to have a medical report As well as writing medical injuries board during the asked a doctor to increase the prepared. reports for solicitor firms, compensation. It was set up itor’s firm on a ‘no win, no fee’ consultations. length of their prognosis. One GP told the reporter this doctor is also one of 180 with the intention of reduc- basis, instead of paying a GP The Irish Independent The Law Society of Ireland she would get money if she GPs on the Personal Injuries ing the need for solicitors and directly for a medical report attended consultations with says it has no policy in place brought a claim for whip- Assessment Board’s panel of litigation. and making an application to three other doctors who did regarding the relationship lash, and said her case likely independent doctors. During the first of two med- the injuries board. not recommend a solicitor’s between solicitors and GPs, wouldn’t go to court as “insur- The injuries board is Ire- ical consultations, the GP said The GP then proceeded to firm or encourage the reporter as “issues surrounding the ers don’t want the hassle”. land’s independent State body it would be better to make a recommend two solicitor to bring a claim, but they did referral of clients to GPs The GP diagnosed her as which assesses personal injury claim by going through a solic- firms. diagnose her as having whip- IRISH INDEPENDENT Saturday, December 7, 2019 5 Inside compo culture News had back stiffness, it’s proba- bly best to leave it out in other Just what does words not to declare it as it’s not been documented with a previous GP, or it hasn’t been the subject of a previous claim, it take for a GP do you get what I’m saying? “Lots of people have a bit of back trouble,” they added. to diagnose you The doctor also told her the whiplash claim likely wouldn’t go to court as “insurers don’t with whiplash? want the hassle”. During a consultation with the solicitor who recom- mended the reporter to this GP, he described his relation- Amy ship with the doctor as “com- pletely independent”. Molloy “We don’t have any specific relationship with [redacted], we don’t pay [redacted] any- thing extra, in fact [redacted] gives it to us for a lot less because we push a lot of cli- ents their way and it’s a lot HIPLASH – it’s the faster, so it’s not like we pay diagnosis which divides them extra to say things, we medical opinion. don’t.” Some professionals W believe it’s a myth. The solicitor also told the reporter it “looks very good on One former Irish neurosurgeon even paper for me” if she went to went as far as saying it’s “nothing but a gravy train for medics, victims and lawyers”.