Consultants lose cover as MDU row deepens

HOSPITAL consultants involved in specialities other than obstetrics have been refused cover against medical negligence claims by their insurers.

In a further escalation of its dispute with the Department of Health, the Medical Defence Union (MDU) has confirmed that it referred non-obstetrics medical negligence cases back to the State Claims Agency.

The latest refusal comes in the wake of revelations last week that the MDU had written to three consultant obstetricians in Ireland rejecting their request for assistance in specific legal cases. At least one of the claims is believed to involve a case of cerebral palsy.

The decision could mean women who have initiated legal action against consultant obstetricians over pregnancy-related complications may not be compensated.

Traditionally, obstetric claims are the highest and it was thought the MDU would restrict its refusal to offer cover to this area.

However, Finbarr Fitzpatrick, of the Irish Hospital Consultants Association (IHCA), said he understood the consultants whose cases had been referred back to the State Claims Agency worked in surgery rather than obstetrics.

He also believed they were in public rather than private practice. Previous refusals of cover relate to the private sector.

A spokesperson for the Department of Health said they were “very surprised” by the latest MDU move. She said Health Minister Micheál Martin had already called on the MDU to reverse its decision to refuse cover on the basis it could expose the taxpayer to claims of up to €400 million “particularly when the MDU took subscriptions from Irish doctors (which the Government then refunded to the doctors) for the last 25 years”.

The department is currently taking legal advice about preparing to challenge the MDU decision.

Mr Fitzpatrick said the department was hoping one of the consultants refused cover would sue the MDU.

He said while the IHCA would support such a move, it would not do so unless the Department first agreed to cover the claim.

This was because any challenge to the MDU decision would have to be heard in the British High Court and could take years. The IHCA is to meet Mr Martin on Wednesday to discuss the crisis.

The MDU argues it referred cases to the State Claims Agency when, in its view, they were covered by the Clinical Indemnity Scheme, which came into being on July 1 this year.

However, the Department has said the scheme will only cover claims filed from that date and not historic liabilities, which the MDU disputes.

The issue of who will cover past liabilities is at the centre of row between the MDU and the Department of Health.

The department wants to establish what funds the MDU has to cover historic liabilities before it agrees to share some of the burden.