Minister urged to delay indemnity plan

A company insuring many of the State's hospital consultants yesterday urged the Minister for Health, Mr Martin, to delay the …

A company insuring many of the State's hospital consultants yesterday urged the Minister for Health, Mr Martin, to delay the introduction of a new State scheme for covering medical malpractice.

The Medical Protection Society's chief executive, Dr John Hickey, made the plea during a presentation to the Joint Oireachtas Committee on Health and Children.

His call was later backed by the Irish Medical Organisation (IMO) and the Irish Hospital Consultants' Association.

However, last night Mr Martin reiterated his intention to introduce the new clinical indemnity scheme from January 1st. He said he was surprised at the call for the scheme to be delayed, as much time had already gone into discussing it - its start date had already been deferred last October.

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Mr Martin said if the scheme didn't come into effect in the New Year, the Department of Health would have to spend another €30 million reimbursing consultants for their subscriptions to insurance companies in 2004. This was money that could be used for other services, he said.

Mr Fintan Hourihan, the IMO's director of industrial relations, said if the Minister introduces the plan without agreement on January 1st, the organisation may seek an injunction in the courts or ballot members on industrial action. The IMO is worried the new system does not cover private practice and could make high-risk specialities such as obstetrics no longer affordable in private hospitals.

Dr Hickey indicated the MPS would charge private obstetricians €300,000 a year for cover if a deal to include them in the scheme is not reached. He said Ireland was a difficult place in which to provide indemnity for doctors, especially obstetricians.

There were about 20 obstetric claims a year with settlements averaging over €2 million. There were higher numbers of claims in the Republic than elsewhere in the world, he said.

Meanwhile, the only other insurance company covering consultants in the State, the Medical Defence Union (MDU), met Mr Martin yesterday to try to resolve issues around its threat not to honour the historic liabilities of its members. Its chief executive, Dr Michael Saunders, said the meeting went "absolutely nowhere".

Mr Martin, he said, was totally intransigent to proposals he put forward, including a proposal to make "a substantial contribution" to past liabilities.

Mr Martin said the MDU wanted the taxpayer to foot the bill for its historic liabilities, which could amount to €400 million a year. He could not agree to that.

He added he did not accept private practice would become unaffordable under the scheme, in view of the proposals he had put forward.

Dr Saunders said he believed the Minister had a moral obligation to sort out the issue, given that the money it collected - and more than it - had gone on claims.