The Gazette 1994

GAZETTE

APRIL 1994

C O R R E S P O N D E N C E . . > 4

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that doctors who refuse to accept the importance of the courts' functioning must be summoned to court but the vast majority of us show no such reluctance - all we want is notice and the promise of a reasonable stand-by arrangement. It must be said that I have never met a GP who was subpoenaed by a local solicitor so the problems must be well known and it is the careless few who disrupt the practices by not giving adequate and agreed notice. Behind it all is the suspicion that some solicitors want to avoid stand-by fees and costs by using this strong-arm method. In thanking you for allowing me address you in the Gazette, I would caution that doctors in general are extremely disturbed by court attendance; we see a plethora of nuisance claims being taken and now we see a method of summons in use written report could suffice if agreed upon. The anger of GPs in particular at a number of recent problems in providing the service has led to calls of boycott, refusing subpoenas and suggestions on pathways I believe better not followed. Therefore, I respectfully suggest that the subpoena be used as a last resort, not as a commonplace summons. A more mannerly and arranged approach leads to better communication and better care for the public. which forces us to give evidence where, professionally, we feel a

Use of Subpoenas Witnesses

Dublin Corporation's Costs

Medical

The Editor, Gazette,

The Editor, Gazette,

Dear Editor,

Dear Editor,

I refer to an article under the heading "Debate on "Capping" Continues" in the January/February 1994 edition of the Gazette. This quoted a report in the Irish Independent of 25/27 December, 1993 where a "leading personal injuries solicitor", Gerard Dohertv, said the Corporation was wasting £800,000 in costs for every one million pounds awarded against them in negligence cases. I should like to point out that I have done an analysis of costs paid out in such cases for the year 1993 and that the costs represent 40.28% of the amount awarded in damages. Of 240 sets of proceedings, the costs in only 9 cases exceeded the amount of the decree. Of these 9 cases, 8 were in the low range between £2,500 and £5,000 and one was for £8,300.

Recently I was subpoenaed to attend a family court. Like a lot of Irish doctors now I reacted with extreme anger. Not only had I not been given the courtesy of a request to attend, but I was given no instruction on why I was needed. The fact that I might have to give evidence against one of my patients and in favour of another did not seem to have been registered by the solicitor. function and that the functioning of the courts is central to the workings of a democracy. But the medical service also must function; GPs in Ireland are not just certification and prescription writers; we nebulise asthmatics, suture wounds, we provide small scale emergency units and we have to plan to be absent. Using lazy methods like the subpoena with poor notice is very stressful on us when a cheap phonecall with a stand-by arrangement can easily be fitted into most GP's days. Solicitors should also consult with doctors on the necessity for our presence as we often disrupt our clinics to find our evidence worthless or not used at all. The use of the subpoena is an insult to general practitioners. We feel demeaned as if we are being arm- wrestled into court while very few of us ever have refused to attend courts. It ignores our problems in organising cover while we are away and, at best, it makes us hostile witnesses. It causes major problems between us and our patients and interferes badly with that professional relationship. One realises Let us make it clear that most doctors appreciate that the courts must

You will see that Mr. Doherty's statement has misrepresented the actual position.

Yours etc.,

Aveen M. Barry Law Agent Dublin Corporation Law Department

Cot Dea ths Kills Fort i eth Hea l thy Duhies

Yours etc..

1 \ our dienl w ishes lo make a will in la\ our of Cot Dea th Research Telephone 8 7 4 7 0 0 7 ( 24 Hour Help Line)

Dr. Tony Feeney, 2 Upper Dodsboro Road, Lucan, Co. Dublin.

(See Viewpoint on page 89)

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