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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
"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
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
Exchequer and to private health
insurance providers of defensive
medicine.
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.