The Irish Medical Organisation (IMO) carried out research recently (Report of the IMO Survey of Doctor Mental Health and Well-Being) which found that junior doctors in Irish hospitals are working too long hours, suffering worryingly high levels of mental health breakdowns and are at serious risk of burnout and often working in poor working conditions with staff shortages.  A number of problems can arise from this. Firstly the HSE as the junior doctors employer has a legal duty to ensure its doctor employees observe the European working time directive, which is to limit long working days and weeks. The HSE as employer must ensure a safe place and system of work. This clearly is not the case with many junior doctors regularly putting in 70-80 hour weeks. If a junior doctor suffers burnout they should have a case in negligence against the HSE for their mental health injuries.

Equally patients in Irish hospitals can suffer harm from medical negligence arising from mistakes when doctors are suffering burnout and at the same time trying to provide medical care. This is very serious and clearly wrong and a breach of the duty of care the HSE has towards every patient that enters its hospitals.  Interestingly the IMO does not reference patient safety in its recent research but nevertheless it is a piece of troubling research which hopefully will help push reform and more resources.