The body representing consultant doctors has called on the Minister for Health to take legal proceedings against the Medical Defence Union (MDU), the British-based body which has ceased insuring some doctors against claims arising from alleged negligence.
In a statement this evening, the Irish Hospital Consultants' Association (IHCA) said a case in the High Court today vindicated its own position in seeking legally binding assurance from the Minister for Health for doctors' historic liabilities in such cases.
The case is being taken by the North Western Health Board against a consultant obstetrician, Dr Brian Davidson.
In the High Court, Mr Justice Johnston strongly criticised the Medical Defence Union, the body to which many consultants paid their insurance premiums, for its decision to withdraw indemnity from Dr Davidson.
The obstetrician is being sued by the NWHB for over €4 million over damages it paid out last year to a patient with cerebral palsy.
The court heard that the MDU informed Dr Davidson at the end of last year that they would not indemnify him.
Mr Justice Johnson said he wanted to know exactly why the MDU had "pulled the plug" in this case and at this stage.
Mr Paul Gallagher SC, for the MDU, said his clients had been negotiating with the State in an attempt to sort out the problem. The MDU had informed members of the difficulties that had arisen and that it may not be in their discretion to provide assistance.
Mr Justice Johnson said it was one thing not being able to provide assistance when a case started but it was a completely different thing to mess around with the court.
Mr Gallagher said the MDU had no intention of messing with the court. The judge replied that the MDU had messed around with Dr Davidson, messed around with him (the Judge) and messed with the court list. If the MDU had wanted to pull the plug, they should have pulled it before the case got off the ground.
The IHCA said that in view of the "abuse of power" by the MDU in refusing to provide Dr Davidson with indemnity and, as the MDU had now broken off negotiations with the Minister for Health, Ms Harney should initiate legal proceedings on behalf of all those who had been refused such assurance.
"The Minister gave us an assurance that no Irish person who has suffered from a medical mishap would be left without compensation and no consultant would be left without cover," said the IHCA assistant general secretary Mr Donal Duffy.
"This case is being taken by her own agency, the North Western Health Board against its own employee," he added.