Medical union messing with court, says judge
Dr Brian Davidson is being sued by the North Western Health Board. The board is seeking to recover from the doctor the entire of the €4m plus which it paid out to Cheryl Doherty who sued through her mother Sarah Doherty of Seacrest, Roxtown, Clonmany, near Buncrana, Co Donegal.
The action had been set down for hearing on March 1 next but was adjourned by Mr Justice Johnson yesterday to allow Dr Davidson to get new legal advice. His counsel and solicitors had withdrawn following the MDU's decision last December that it would not indemnify him.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.
Paul Gallagher, 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 and 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.
Mr Gallagher said this was a matter that had been going on for some time. Difficulties had emerged when negotiations were taking place and unfortunately they had not sorted out the problem. Mr Justice Johnson said the case had been listed, proofs had been advised and he regarded this as an interference with the court.
Mr Gallagher said he disagreed with the judge. The MDU had taken their decisions properly and in good faith. There had been no intention of interfering with the court.
Patrick Keane for the health board said the correspondence supported the judge's point of view and undermined the apology offered on behalf of the MDU.
Tánaiste Mary Harney has welcomed the view of the High Court and said it confirmed her view that the MDU "must live up to their responsibilities".
Legal teams from the Chief State Solicitor's office and from the Irish Hospital Consultants Association (IHCA) are due to meet this week to discuss assurances from the Department of Health that no consultant will be left exposed to claims if the MDU refuses to cover them.
A spokesman for the Minister for Health said they would also discuss the possibility of the consultants and the department taking a joint case against the MDU.
