A surgeon claimed in the High Court yesterday that he suffered loss and damage after VHI cover was withdrawn from a private hospital in Co Westmeath. Following the VHI decision, Dr Roy Cazabon said patient numbers dropped considerably at St Francis Medical Centre, Ballinderry, Mullingar, and his private practice ceased there between 1991 and 1994.
He claimed he suffered stress followed by health problems because he had to drive up to 400 miles a day, or 40,000 miles a year, doing work at other hospitals. Dr Cazabon, of Taylor's Hill, Galway, is suing the VHI and representatives of the Franciscan Missionaries of Our Lady, stated to be owners and managers of the hospital. The defendants deny the claims.
By agreement with the congregation in FEBRUARY 1987, Dr Cazabon claims he began work as a general consultant surgeon at the centre. Prior to the appointment he had practised as a locum in a number of hospitals.
In entering the agreement, it is claimed, he relied on the fact that the centre was a fully-participating hospital under VHI rules and that full cover was provided under the required plan for VHI subscribers. By November 1991, he had built up a substantial practice and operated on his private patients at the centre.
Dr Cazabon claims he was informed by the centre in October 1991 that, from October 21st that year, the hospital would no longer be "a fully-participating hospital" under VHI rules. The VHI announced in the national press that the centre would not be a fully participating hospital from December 1st, 1991.
In withdrawing cover, the VHI had exercised its powers unfairly and unreasonably and thereby committed misfeasance in public office, the doctor claims. That was so found in a High Court judgment in April 1994, in other proceedings (by the hospital against the VHI), and affirmed by the Supreme Court.
Following the VHI decision, Dr Cazabon claims patient numbers at the centre dropped by 70 per cent and staff were reduced from 130 to about 30. His VHI private practice at the hospital ceased. He managed to operate on some of his private VHI patients at Ely Private Hospital, Wexford, but lost most of this category of patient as they were not prepared to travel the distance.
To maintain his livelihood, he had to resort to further locum work in hospitals in Wexford, Nenagh, Tullamore and elsewhere. This necessitated enormous travelling and work which put him under extreme stress.
In June 1994, while working as locum in Cavan General Hospital, he developed severe chest pain lasting for 10 minutes. He was admitted to the coronary care unit for two days. A stress test showed significant changes after six minutes. In September 1994 he underwent bypass surgery.
VHI cover for St Francis Medical Centre was restored, pursuant to Supreme Court order, in September 1994, he said. From November 1994, he was able to resume treating his private VHI patients there.
The hearing, before Mr Justice McCracken, is continuing.