Turmoil in Medical Insurance

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”.