The Gazette 1990

GAZETTE

APRIL 1990

potentially difficult medical negli- gence claim; and the charging of fees on a contingency basis is not at present permitted. On the other hand, doctors (almost all insured with the MDU or the MPS) and hospitals have always got an experienced team of insurers' lawyers available to de- fend such claims. In addition, the State, indirectly, funds the defence of most such claims, either be- cause a public hospital is a co- defendant or because the doctor concerned is a consultant in such a hospital and the hospital refunds (as part of its arrangement with each of its consultants) all or a substantial part of the consultant's annual professional indemnity in- surance premium. To address that inbalance, either a proper State system of legal aid for potential medical negligence plaintiffs should be put in place, or, to encourage more solicitors to undertake such cases, the legal rules prohibiting the charging of percentage fees should be removed or modified.

The Hon. Mr. Justice Ronan Keane, Liam McKechnie, S.C., Arnold Simanowitz, A V M A , Professor Simon Lee and J ohn Schiitte, Solicitor.

(Left to right): Professor Thomas Duckworth, Consultant in Orthopaedics, Professor J o hn Robinson Emeritus Professor of Anaesthesia, Mr. Roger, Clements, Consultant in Obstetrics and Gynaecology Arnold Simanowitz, Executive Director, A V M A , Mr. J . A . Dormandy, Consultant Surgeon