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GAZETTE
C O R R E S P O N D E N C E
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4
\ V
APRIL 1994
Use of Subpoenas
Witnesses
Medical
The Editor,
Gazette,
Dear Editor,
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.
Let us make it clear that most doctors
appreciate that the courts must
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
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
which forces us to give evidence
where, professionally, we feel a
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.
Yours etc..
Dr. Tony Feeney,
2 Upper Dodsboro Road,
Lucan,
Co. Dublin.
(See Viewpoint on page 89)
Dublin Corporation's Costs
The Editor,
Gazette,
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.
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
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