Minister for Health Mary Harney and doctors' representative organisations have rejected a claim by the Medical Defence Union (MDU) that the Government has accepted responsibility for historical claims against hospital consultants.
In a statement yesterday, the MDU said it believed the Department of Health had "finally acknowledged its rightful responsibility" for past medical negligence claims. Its professional services director, Christine Tomkins, said: "We are pleased the Irish Hospital Consultants' Association and the Irish Medical Organisation appear to have received assurances that are convincing enough for them to defer their planned industrial action.
"The IHCA says it has correspondence from the Department of Health and Children 'confirming that it was the intention of the Cabinet that consultants will be covered in the same way as if they had been assisted and indemnified by the MDU'. This suggests that there is a State indemnity available to MDU members and we welcome it."
However, her analysis was rejected by Finbarr Fitzpatrick, secretary general of the IHCA. "The assurances we have received from the Minister and from the Cabinet do not absolve the MDU from its obligations. There are currently 27 consultants who have been let down by the MDU." He wondered if the MDU was attempting to use the undertakings given to the IHCA to avoid "its obligations to its consultant members". The IHCA called off its industrial action last month and said it was joining the Government in taking legal action against the medical union.
A spokesman for Ms Harney said: "In giving her assurance and that of the Government to consultants who have been unreasonably left without cover by the MDU, the Tánaiste has no intention of allowing the MDU walk away from its responsibilities. The IMO and the IHCA are very clear about the legal strategy that is to be pursued against the MDU and the Tánaiste has always made it clear that the legal strategy would not be compromised."