Progress with MDU on Historic Liabilities

  Progress at MDU Meeting

Representatives 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. Corr, Dr P. Kelly, Dr P. Tunney, Dr J. Dockeray, Dr D. Keane, Dr J. Keaveny, Dr R. O"Laoide, Dr J. FA Murphy, Dr L. Connelly, Mr M. O"Keefe and Secretary General.

MDU Representation
Dr M. Saunders, Dr C. Tomkins, Ms ML Nesbitt