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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