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See Press Release rejecting the Minister"s accusations on the Cavan Hospital Inquiry

  STATEMENT ON CAVAN HOSPITAL INQUIRYThe IHCA categorically rejects the suggestion by the Minister for Health & Children, Micheal Martin, that the Association was unwilling to submit a list of names of nominees to act on his committee.The failure of the Minister to satisfactorily establish his committee can be found in the hamfisted way in which the Department set about the task. It failed to· make appropriate arrangements for locum cover so that patients would not be disadvantaged· ensure that everybody sitting on the Committee would be indemnified against any possible legal action· provide detailed terms of reference and rules under which the committee would operate.The IHCA submitted two lists of nominees which enabled the Minister make two furtive attempts to commence the process.The Department was advised last Friday that the Association, notwithstanding the many difficulties posed by the Department"s handling of the matter, would be in a position to submit four further names on last Monday, 2nd inst. Clarification on the Minister"s intentions was sought in light of High Court proceedings which were taken this week by one of the surgeons under investigation. No response has been received.It ill behoves this Minister to seek to distract attention from his own failings by blaming others.

02 February 2004Hospital Consultants Act to Ensure Patients Are ProtectedThe Minister for Health should meet the Medical Defence Union to ensure that no public or private patient is left uncovered for past medical negligence claims. The Minister’s very drastic decision to leave public and private patients uncovered has forced hospital consultants to take action to protect them.Until the Department of Health and The Medical Defence Union have an agreement to cover patients, hospital consultants will implement a phased campaign from Monday 2 February to withdraw from administrative services. If there is still no resolution by 23 February, Consultants will move to provide emergency services only from that date.See detailed plan of action below. Further InformationFinbarr Fitzpatrick086 246 9817  Stage 1 - Monday February 21. The IHCA will not participate in contract negotiations arising from the recently published reports on the health service.2. Members will not participate in the (Hanly Report) Implementation Groups in the Mid West and East Coast Area Health Boards.3.

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A delegation from the Association will meet with the Minister for Health & Children on Thursday, 29th January. The Association will seek, again, to help resolve the difficulty of historic liabilities between the Department and the MDU.

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National CircularEnterprise Liability Update The IHCA Enterprise Liability Committee has held joint meetings with the MDU and MPS on Thursday January 15 and Sunday January 25 in an effort to reach a common understanding on historic liabilities. The EL Committee has requested a meeting with the Minister for Health & Children, Mr. Micheal Martin TD, for (preferably) tomorrow Tuesday January 27 with historic liabilities as the single item on the agenda.At the time of writing, we are not confident of reaching an agreement on historic liabilities before Sunday February 1 next. Therefore, when members attend the Extraordinary General Meeting on Sunday next in the Berkeley Court Hotel at 2.00pm, among the decisions to be taken will be those on a Campaign of Action which will demonstrate to Minister Martin that he cannot break his word to consultants and that he cannot breach their contract with impunity.NoteMembers may have seen the reference in a recent Irish Times article where it was stated (non attributed) that the Department would impose a new contract on consultants should the need arise.There are a number of other matters regarding Enterprise Liability which require clarification / further negotiation. These cannot be addressed until the impasse on historic liabilities has been overcome.Updated estimates of the cost of membership of the MPS are expected in this office later this afternoon. While the MDU has promised similar statistics, we are not confident that they will arrive within the next 24 hours.A comprehensive circular on the Association’s understanding of Enterprise Liability together with estimates of membership subscriptions from the MPS, and the MDU if available, will be e-mailed / posted to members on Tuesday the 27th.Should anything of significance arise at our meeting with the Minister for Health, all members with e-mail addresses will be informed immediately. We look forward to a record attendance at our EGM on Sunday next at 2.00pm in the Berkeley Court Hotel. IHCA Extraordinary General MeetingSunday 1st February, 2004Berkeley Court Hotel2.00pm  

The Irish Hospital Consultants Association has warned that there will be turmoil in medical insurance should the Minister for Health introduce the planned state scheme to indemnify consultants in the public sector without first concluding negotiations.  The Association claims that public patients may be unindemnified for obstetric claims from the past because of the announcement of the Medical Defence Union that it may not provide cover for public obstetric cases following the introduction of the state insurance scheme. Commenting on the position, IHCA Secretary General Finbarr Fitzpatrick stated: “The Minister seems determined to introduce the state sponsored Enterprise Liability irrespective of its consequences.  He must have been informed by his advisors that the decision of the Medical Defence Union may well result in public patients, who have a just case for redress or compensation, being left in a legal limbo.  His failure to reach agreement with the MDU on historic liabilities is reckless.   The legal strategy devised by the Department of Health of suing the MDU in the UK courts at some time in the future is a high-risk strategy.  The IHCA has legal advice to the effect that this strategy will not be successful.  The Minister is prepared to risk €400m of taxpayers money on the outcome of a court case in the UK at some time in the future.  This is not the way to develop Government policy.  A negotiated settlement that provides certainty for public patients and consultants is infinitely preferable to what in effect is telling the parents of a child with Cerebral Palsy that their claim for compensation may depend on the London courts”.

The Masters of the three Dublin Maternity Hospitals have written to the Minister for Health & Children, Mr Micheál Martin T.D., conveying their concern that the present stalemate in negotiations between his Department and the Medical Defence Union on medical indemnity could result in Mount Carmel Hospital, which currently delivers 1,500 babies (approx) annually, quickly scaling down its capacity. The result of that would be that the Dublin Maternity Hospitals, which last year delivered 23,000 babies, could be completely overstretched.   Commenting on their concerns, a spokesperson on their behalf, stated:  “The Medical Protections Society, which is the only organisation providing indemnity for obstetricians, has stated that the risk related cost of indemnifying consultants in Full Time Private Practice is likely to be set at €300,000 per annum.  Even with the intervention of the Department of Health, subscriptions could be as high as €135,000.  This is clearly unsustainable. The Dublin Maternity Hospitals are currently overstretched and could not cope in the short-term with the 1,500 deliveries, which now take place in Mount Carmel.  The Masters believe that they have a duty to ensure that the Minister and his Department are fully aware of the crisis that could begin to arise in the latter part of this year should indemnity for private obstetrics become unaffordable”.  The Minister for Health has stated that Enterprise Liability will come into effect on February 1st next.  The IHCA has warned the Minister that it will react if the new scheme is imposed without their agreement.  An Extraordinary General Meeting of the IHCA will take place on Sunday February 1st to consider the position should the new scheme be introduced without agreement. 

  Progress at MDU MeetingRepresentatives of the IHCA met with the Medical Defence Union on Friday January 2nd last to discuss Enterprise Liability with the main body of the agenda being devoted to historic obstetric liabilities.The IHCA yet again emphasised to the MDU that its stance on historic obstetric liabilities was unacceptable. During the debate the IHCA representatives stated that an undertaking had been received from the Minister for Health to reopen discussions on historic liabilities. It was further stated that both the DOH&C and MDU needed to advance their positions if an agreement were to be found.· The IHCA proposed that the arrangement for a cap on MDU / MPS liability of €1million on an occurrence basis for an initial 7 year period should be made retrospective. The effect of this proposal, were it to be accepted by the DOH&C, would be that any obstetric claim from the past which was reported for the first time during the 7 year time frame would be governed by the cap on liability.· It was further proposed that should the DOH&C accept this formula, the MDU should be prepared to increase its financial offer to the Department for obstetric liabilities.· This was accepted by the MDU and a meeting will take place between the IHCA and the Department on Thursday January 8th with historic obstetric liabilities and the cost of obstetric indemnity into the future as the sole items on the agenda.IHCA Representatives Dr C. Quigley, Dr D.