It is likely to be Saturday at the earliest before a decision will be made by all hospital consultants on whether or not to call off industrial action they have planned for next month.
Their representative organisations, the Irish Hospital Consultants Association (IHCA) and the Irish Medical Organisation (IMO), are in the process of seeking legal advice on a letter they received following a Cabinet meeting on Tuesday.
The letter states no consultant refused assistance by the British based Medical Defence Union (MDU), which has refused cover to 25 Irish consultants to date, will be left uncovered if sued.
The fear of being left without indemnity in such situations led consultants from both the IHCA and IMO to vote overwhelmingly in favour of strike action. The action will see hospitals providing emergency services only from March 14th unless a resolution is found in the meantime.
The letter from the Cabinet was described as significant by IHCA general secretary Mr Finbarr Fitzpatrick but he said no decision would be made on whether or not it met with consultants' requirements until legal advice was obtained and considered at a meeting of the IHCA's national council on Saturday.
The IMO's director of industrial relations, Mr Fintan Hourihan, said he expected to receive legal opinion on the letter today.
The Tánaiste and Minister for Health, Ms Harney, urged consultants yesterday to call off their planned strike and join her instead in a legal action against the MDU.
IHCA president Dr Josh Keaveney said whether or not the action was called off was in the Tánaiste's hands. Furthermore, he said the IHCA had already initiated legal proceedings against the MDU. The case is being taken in the name of consultant obstetrician Dr Brain Davidson, who was in the middle of a High Court case when the MDU withdrew from assisting him. In the High Court earlier this month, a judge severely criticised the MDU for leaving the doctor "swinging in the wind".
Ms Harney said if the industrial action went ahead, the only sufferers would be patients.
"Even at this late hour, I would appeal to the consultants to join with the Government in a joint strategy against the MDU and not to engage in a course of action that will only affect the most vulnerable in our society, which is sick people," she added.