Surgeon offered panel of legal teams

A PANEL of legal teams will be offered by the Department of Health to the surgeon from St James’ Hospital who is due in court shortly in a controversial alleged medical negligence case.

This compromise was accepted by consultants from the Irish Hospital Consultants Association (IHCA), Irish Medical Organisation (IMO) and St James’ who attended an emergency meeting at St James’ Hospital aimed at averting industrial action by doctors.

A source revealed that the surgeon will be offered a choice of legal teams and whichever he chooses will be funded by the Department of Health.

The department and the hospital consultant insurer, Medical Defence Union (MDU) are locked in battle over the MDU’s refusal to cover consultants for alleged malpractice cases which took place before a State insurance scheme began last February.

According to the MDU, the department should cover these claims, as they were lodged after the State claims agency took over consultant insurance, but the department had said that they weren’t liable for such “historic liabilities” as consultants were paying MDU fees at the time.

“The legal panels are a stop-gap measure for the one consultant who is due in court shortly. It is not a blanket solution. It is hoped that the overall clinical indemnity cover issue will be sorted out before any more consultants appear in court,” the source added. Meanwhile, the MDU yesterday said that it has repeated its offer to Health Minister Mary Harney for a meeting on the issue of historic liabilities.

“We believes a solution to the problem could be brought about with the political impetus that Ms Harney could provide to the talks. The MDU regrets that, despite a previous request for a meeting, one has not yet occurred,” a spokeswoman said.

In a letter to the minister, MDU chief executive Michael Saunders also rejected claims that Irish obstetricians are being discriminated by the MDU and accused department officials of dragging their feet.