Women who have initiated legal action against consultant obstetricians over pregnancy-related complications may not be compensated, following a decision by a medical defence organisation not to cover up to 10 claims made in the Republic, writes Dr Muiris Houston, Medical Correspondent.
The decision has implications for the future of private-only obstetric practice.
The Irish Times has learned that the British-based Medical Defence Union (MDU) has written to at least three consultants here rejecting their request for assistance in specific legal cases. At least one of the claims involves a case of cerebral palsy.
The consultants affected are practising in Dublin and Cork. Two carry out private practice only, while the third works in both private and public practice. The cases relate to events that occurred in the 1990s or before. The action is seen as having particular implications for private deliveries carried out in Mount Carmel Hospital, Dublin, and Bon Secours Hospital in Cork.
With no insurance cover now available to them, consultants will be unable to provide compensation to the patients should a claim against them succeed.
Dr Michael Saunders, chief executive of the MDU, confirmed that the organisation had written to between three and 10 of its former members advising them it was unable to offer assistance. "This is not a blanket decision," he said. "We examine each case on its own merits". But he said the MDU was reviewing all obstetric claims in the Republic.
Dr Saunders said there was an indirect link between the MDU's decision and ongoing discussions between the Department of Health concerning past liabilities of obstetricians in the State. "I have absolutely no confidence that these discussions are going anywhere," he said.
The issue of who will cover past liabilities for obstetric cases, following the introduction of State liability for doctors and hospitals earlier this year, has been the subject of drawn-out discussions between the MDU and the Department of Health. The impasse caused a crisis in February when the Irish Hospital Consultants' Association (IHCA) initiated strike action because of the threat of uninsured past liabilities to its members.
The strike is suspended, but sources have indicated that, if the situation remains unresolved by the time of its annual meeting next month, the IHCA will consider escalating industrial action to a point where patient care will be affected.
Its secretary general, Mr Finbarr Fitzpatrick, said: "The IHCA is shocked at the decision of the MDU to refuse assistance to several consultant obstetricians. They have paid almost €1 million in subscriptions to the MDU during their working lives."
He said the MDU action left patients and consultants "uncovered and undefended".
A spokeswoman for the Minister for Health said Mr Martin was meeting officials from the Attorney General's Office last evening, "to seek legal advice on the issues raised by the MDU action. The Minister is very surprised and concerned at this development."