A stand-off between the Department of Health and the Medical Defence Union (MDU) means women taking legal action for alleged malpractice will now be unable to obtain damages from consultant obstetricians in the State. Dr Muiris Houston, Medical Correspondent, reports
The MDU, a British-based doctors insurance organisation, accused the Department of Health of causing "maximum disruption to patients".
This follows a decision last night by the Department to consider court action to force the MDU to honour its obligations to those who have taken out insurance with the organisation.
It is the latest twist in a long-running dispute. Since March 2001 all obstetric liabilities have effectively been covered by an enterprise liability scheme in which doctors and hospitals are insured as a single "enterprise" by the Department. However, no agreement was reached on the issue of who would be responsible for liabilities arising out of medical care prior to this date. In a strongly worded letter to Dr Michael Saunders, the MDU chief executive, the Minister for Health, Mr Martin, said: "The Government has confirmed its earlier decision that it is not prepared to accept responsibility for claims against members of the MDU arising from events which occurred before the establishment of the Clinical Indemnity (enterprise liability) Scheme.
He warned: "The Government is committed to taking every possible action, including court action, to ensure the MDU meets its financial obligations (in providing insurance cover) to its present and former members."
Noting the Government would prefer the transition from the old arrangements to the new scheme be as smooth as possible, the Minister said: "It was made clear in the course of our many meetings on this issue that such a transfer would not be contemplated in the absence of a substantial transfer of assets to be set against (past) liabilities."
An MDU offer of €60 million in assets over five years in return for the State accepting potential liabilities of up to €400 million has been rejected by the Government as totally inadequate, Mr Martin said. The Irish Times understands the matter came before the Cabinet on Tuesday. It is estimated that the cost of covering liabilities in cerebral palsy cases alone is €40 million per annum.
In response to the letter, Mr Saunders said the interests of a group of Irish doctors were being sacrificed. "By adopting this destructive and high risk stance, this is precisely what the Department is doing, to the considerable detriment of many obstetricians in Ireland and their patients."
It is understood that such is the Department of Health's anger over the issue, it has not ruled out the possibility of taking a test case in the courts to force the MDU to defend doctors who have, in the past, paid annual subscriptions to the defence organisation. A spokeswoman for the Minister said last night, "the Department is in on-going discussions with the Irish Hospital Consultants Association and the Irish Medical Organisation with regard to specific proposals on this issue".