Doctors may strike over indemnity cover row

DOCTORS at the country’s biggest hospital are considering an all-out strike in a row over indemnity cover which could spread to other hospitals.

Consultants at St James’s Hospital in Dublin will meet this Friday to decide on a strike motion in support of a consultant member of staff who is facing a court action for negligence, but who has been left without indemnity cover.

Yesterday the Irish Hospital Consultants Association (IHCA) called on Minister for Health Mary Harney to give a “legally binding” assurance no patient or consultant would be personally exposed to medical negligence claims.

They also called for an urgent meeting with the minister but said an offer to meet today at 1pm did not give them enough notice.

The IHCA warned any industrial action could trigger similar strikes in other hospitals.

“The minister assured us that no consultant would go undefended, but the problem is that is not legally binding,” the IHCA’s Finbar Fitzpatrick said.

“We are looking for a meeting with her. We could have cases for the next eight or 10 years and we don’t want to see people hung out to dry.”

Sixteen consultants in hospitals around the country face court cases and have been denied indemnity cover by BritishUK-based insurers, the Medical Defence Union.

The MDU is refusing to cover claims which it considers to fall within the remit of the State Claims Agency, despite consultants having paid subscriptions to the MDU.

The MDU maintains it did not charge sufficient subscription rates for obstetricians in the past and, following the introduction of the Government’s clinical indemnity scheme, outstanding historic bills should be met by the State.

In recent months, the MDU has declined to provide cover for a number of consultants, the majority obstetricians, who are being sued by former patients.

A report in this week’s Irish Medical Times (IMT) claims the first stage in a malpractice action against a consultant surgeon who has been left without indemnity has taken place at the High Court.

Irish Medical Organisation’s director of industrial relations Fintan Hourihan, said a firm of solicitors “entered an appearance” on behalf of the consultant from St James’s Hospital, Dublin, last Thursday. Mr Hourihan said it was the start of a long process.

The IMT also reported more than 70 doctors at St James’s Hospital attended a meeting on the issue last week, and Mr Fitzpatrick admitted staff are “exercised” by the situation. The hospital has 828 patients.

A strike committee has been formed and any votes cast will be by way of secret ballot. There is no indication yet as to the possible duration of any work stoppage. Two weeks’ strike notice must be served.

Ms Harney last month gave assurances no family or doctor would be left without adequate cover.

A Department of Health spokesman said Ms Harney would meet the IMO today and attempt to meet the IHCA as soon as possible.