Anger over Medical Defence Union decision to stop consultant cover

THE latest decision by the British-based Medical Defence Union to stop providing secure cover for consultants in private practice drew an angry response from the Department of Health yesterday.

“It would have been more appropriate if they had come back to us and put it in a forum where it could be discussed,” a spokesperson for the department said.

The latest decision by the MDU means that around 600 consultants engaged in private practice will only be able to avail of discretionary cover, which means that cover is not guaranteed in a rapidly rising claims environment.

While consultants can still expect to be covered for any medical negligence claims, there is a question mark over any proven non-medical negligence cases.

The MDU exercised its discretion in refusing to indemnify Dr James Barry, who was sued by 39 patients for indecent and sexual assault between 1995 and 1999.

The retired Cork doctor in turn sued the MDU but lost his case against the mutual society in the High Court in March of last year.

Last Thursday, the department invited the MDU back to discussions on who should provide cover for historic and as yet unknown claims against obstetricians.

Two weeks ago, the MDU pulled out of an agreed talks process, saying it was too slow.

An independent actuary’s report commissioned by the department puts the cost at e400 million while the MDU’s figure is around €130 million.

A spokesperson for the department said the MDU had so far not responded to their invitation to go back to the negotiation table.

MDU chief executive Dr Michael Saunders said they had hoped to offer consultants a secure insurance policy from July but the department’s imposition of enterprise liability had prevented them from doing so.

The Irish Hospital Consultants Association (IHCA) say the MDU has a deliberate strategy to exit the Irish market and renege on its obligations to consultants.

IHCA secretary general Finbarr Fitzpatrick urged the Department of Health to resolve the impasse and warned that they would revive their deferred programme of industrial action if any obstetrician is refused cover by the MDU.

The Irish Medical Organisation (IMO) said both sides in the row should agree to appoint an international commercial insurance arbitrator who would examine their long-standing dispute.