Insured surgeon faces malpractice case with no cover

A HOSPITAL consultant is facing a malpractice hearing with the possibility of no insurance cover despite having paid his dues.

The surgeon from St James's Hospital has been issued with a plenary summons, thereby kick-starting the legal process which will eventually lead to a hearing.

However, his indemnifier, the British-based Medical Defence Union (MDU), has referred the case to the new State insurer, the State Claims Agency (SCA).

The consultant is one of 11 around the country who have been told they will not be covered by the MDU for claims of past negligence.

The Irish Medical Organisation (IMO) has demanded Tánaiste and Health Minister Mary Harney take action and not leave the doctor unprotected.

The MDU is of the view writs notified after July 1, 2002, should be defended by the SCA on the basis its clinical indemnity scheme was introduced, for grades other than consultants, from that date.

The State assumed responsibility for the indemnification and management of clinical negligence claims because the commercial insurance market was no longer providing cover in certain areas due to the size of court awards and legal costs.

It was also hoped by simplifying the system in this way, claims would be reduced, as each defendant in a case - hospital, health board, doctor or nurse - would no longer require a separate legal team.

But the row over who is responsible for old claims has yet to be resolved.

Earlier this month, the Tánaiste told the annual meeting of the Irish Hospital Consultants' Association neither consultants or patients would be left exposed due to difficulties with any medical insurance firm.

Yesterday, IMO director of industrial relations Fintan Hourihan told the Irish Medical Times the minister had to fulfil that promise.

An MDU spokesperson could not comment on the case but confirmed a number of claims had been referred to the SCA.

A Department of Health spokesman said the minister was aware of the case and had received letters from the surgeon, the medical committee of St James's Hospital and the IMO.