Madam, - I refer to the front-page report in your edition of January 12th. The sub-heading states that our disagreement with the Minister for Health and Children over his planned extension of the Enterprise Liability Scheme is in respect of private practice. This is not so. Indeed, the body of the report does not say this. The Medical Defence Union has informed the IHCA that in the event of enterprise liability being introduced without first resolving the historic liability issue, the MDU would exercise its discretion and refuse to provide indemnity for a publicly appointed consultant obstetrician gynaecologist against a claim from a public patient.
The issue of historic liabilities was one of a number clearly identified to the Department at the outset as having to be resolved before enterprise liability could be introduced. Most of the others have been dealt with or are capable of being dealt with by agreement.
This single issue is a matter to be resolved ultimately between the MDU and the Department of Health and Children. Notwithstanding efforts and proposals made by this association, both parties to the issue are at loggerheads over it. The Department's strategy has no guarantee of success and may expose the taxpayer for legal costs in a case that will take a number of years to conclude. In the interim, a public patient will, most likely, be delayed her justice.
While I have no dispute with the content of the report, I would hope that in future sub-headings will reflect such content and not mislead the reader. - Yours, etc.,
FINBARR FITZPATRICK, Secretary General, Irish Hospital Consultants Association, Dundrum Office Park, Dublin 14.