Irish obstetricians worried by gap in insurance cover
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《英国医生杂志》
The Medical Defence Union (MDU) has informed some consultants in Ireland that it will be unable to give them help in specific legal cases, partly because of a failure to resolve a dispute with the Irish Department of Health over responsibility for obstetric claims that were made before last February.
In February, the Irish state took over liability for medical negligence claims against its doctors and hospitals, in a move similar to the introduction of the crown indemnity scheme in the United Kingdom in 1991. But the issue of who is responsible for claims made, but not settled, before February, has not been resolved. It has been the subject of drawn out discussions between the MDU and the Department of Health, and both sides admit that the talks are making little progress.
In the meantime, the MDU has informed at least eight consultant obstetricians that the union will no longer act for them.
Michael Saunders, chief executive of the MDU, confirmed that the organisation had written to a number of its former members advising them it was unable to offer help: "This is not a blanket decision. We examine each case on its own merits." But he said the MDU was reviewing all obstetric claims in Ireland. Dr Saunders confirmed the move was an indirect result of its inability to reach agreement with the Department of Health.
During the 1990s, awards for obstetric cases began to escalate dramatically. The courts have sanctioned damages of up to �4.5m (￡3.1m; $5.5m), excluding legal costs, in cases of severe cerebral palsy.
As the MDU rather than the Medical Protection Society provided indemnity cover for most consultant obstetricians in Ireland in the past, the union estimates that it has total remaining obstetric liabilities of �130m in Ireland. The Department of Health, however, disputes this figure and has sought to do a "due diligence" (a detailed investigation) of the MDU’s accounts before agreeing a deal on historic liabilities.
Referring to the ongoing difficulties in the negotiations, Fintan Hourihan, director of industrial relations at the Irish Medical Organisation (IMO) said, "There is a clear need to have a jointly agreed arbitration process between the MDU and the Department of Health. Former MDU members feel betrayed by its action."
Finbarr Fitzpatrick, secretary general of the Irish Hospital Consultants Association (IHCA), said, "The IHCA is shocked at the decision of the MDU to refuse assistance to consultants. They have paid well in excess of �1m in subscriptions to the MDU during their working lives."
Mr Fitzpatrick said that the MDU’s action left patients and consultants "uncovered and undefended." A spokeswoman for the minister for health, Micheal Martin, said he had sought legal advice from the attorney general on the issues raised by the MDU action.(Galway Muiris Houston)
In February, the Irish state took over liability for medical negligence claims against its doctors and hospitals, in a move similar to the introduction of the crown indemnity scheme in the United Kingdom in 1991. But the issue of who is responsible for claims made, but not settled, before February, has not been resolved. It has been the subject of drawn out discussions between the MDU and the Department of Health, and both sides admit that the talks are making little progress.
In the meantime, the MDU has informed at least eight consultant obstetricians that the union will no longer act for them.
Michael Saunders, chief executive of the MDU, confirmed that the organisation had written to a number of its former members advising them it was unable to offer help: "This is not a blanket decision. We examine each case on its own merits." But he said the MDU was reviewing all obstetric claims in Ireland. Dr Saunders confirmed the move was an indirect result of its inability to reach agreement with the Department of Health.
During the 1990s, awards for obstetric cases began to escalate dramatically. The courts have sanctioned damages of up to �4.5m (￡3.1m; $5.5m), excluding legal costs, in cases of severe cerebral palsy.
As the MDU rather than the Medical Protection Society provided indemnity cover for most consultant obstetricians in Ireland in the past, the union estimates that it has total remaining obstetric liabilities of �130m in Ireland. The Department of Health, however, disputes this figure and has sought to do a "due diligence" (a detailed investigation) of the MDU’s accounts before agreeing a deal on historic liabilities.
Referring to the ongoing difficulties in the negotiations, Fintan Hourihan, director of industrial relations at the Irish Medical Organisation (IMO) said, "There is a clear need to have a jointly agreed arbitration process between the MDU and the Department of Health. Former MDU members feel betrayed by its action."
Finbarr Fitzpatrick, secretary general of the Irish Hospital Consultants Association (IHCA), said, "The IHCA is shocked at the decision of the MDU to refuse assistance to consultants. They have paid well in excess of �1m in subscriptions to the MDU during their working lives."
Mr Fitzpatrick said that the MDU’s action left patients and consultants "uncovered and undefended." A spokeswoman for the minister for health, Micheal Martin, said he had sought legal advice from the attorney general on the issues raised by the MDU action.(Galway Muiris Houston)