A consultant who sued a patient because he refused to pay extra fees which were not paid or underpaid by the VHI was successful in his Circuit Court action yesterday.
Anaesthetist Dr T.N. Fogarty, who is also director of the pain relief service at Cork University Hospital, treated Mr Denis O'Connell, a farmer, from Cullen, Mallow, from February 1996 to November 1996.
He claimed that Mr O'Connell owed him £840 in unpaid fees and he was successful in his District Court case to recoup the debt, a decision which was appealed by the Mr O'Connell to the Cork Circuit Court.
Dr Fogarty agreed with Ms Joanne Carroll BL that he was one of the chief negotiators who reached an agreement between the VHI and consultants on fee charges.
The fees he charged were at the recommended levels agreed and his bills were furnished directly from Shanakiel Hospital to the VHI. However, he was paid only £50 instead of the agreed £70 for anaesthetist services and he had no agreement with them in respect of payment of pain-relief treatments.
He was paid consultancy fees by Mr O'Connell when he visited him in his rooms and he was also paid attendance fees after being called to appear in Mr O'Connell's High Court action for damages against a third party.
He was asked to supply his bills to his patient's solicitors, which he did. He would not normally charge if there was a shortfall in payment of fees by the VHI, except where there was a third party involved, Dr Fogarty told the court.
Ms Joanne Carroll, answering Judge A.G. Murphy, said Mr O'Connell's case was settled on the morning it was to be heard in the High Court. A large sum was agreed, including expenses, and the amount due to Dr Fogarty had been retained by solicitors acting for Mr O'Connell, pending the outcome of the present case.
Judge Murphy said it did not appear that he had to adjudicate on a case concerning whether the fees charged were reasonable or not. Mr O'Connor and his solicitors had acted as agents for Dr Fogarty in respect of collecting the fees due and, as a result, he was entitled to succeed. The judge said he would make no order on costs in the case.