The Gazette 1990

GAZETTE

' APRIL 1990

both plaintiffs and defendants in this area. Perhaps the most surprising as- pect of Mr. McKechnie's presenta- tion was the forcefulness with which he argued for a 'no-fault' system of compensation for those who suffer injury as a result of medical treatment. The case for it was, he said, "so strong as to be virtually unanswerable". This is certainly a major issue for the future. The other Irish legal contributor to the Conference was Adrian Glover, Solicitor, who presented the defence viewpoint. He expressed the opinion that the level of damages in medical negligence cases may have reached a plateau and he stated that, on behalf of his medical clents, he did make in- formal discovery of all records and X-rays at an early stage, when requested to do so. He made some interesting observations on the gap in communication between doctor and patient, on the drop in applica- tions to medical schools and on the staggering increase in subscription rates paid by doctors to the Medical Protection Society, who, together with the Medical Defence Union, are the main professional indemnity insurers for doctors in the UK and in this country. Mr. Glover pointed out that the two medical defence organisations are not commercial insurance companies and do not settle cases on the ground of expediency, even if, by reason of the high costs involved, it would be far cheaper for them to do so; and if they believed that their doctor member has not been negligent in a particular case, that case would be fully defended, whatever the cost. Other legal contributors were Ann Alexander, London Solicitor, and Roger Brosnahan, Minnesota lawyer, on respectively the English Experience and the American Experience; and, Robert Mackrill, Accountant of BDO Binder Hamlyn, on Assessing Quantum - and the Use of Forensic Accountants. The medical speakers at the Conference, dealing with problems in the areas of anaesthesia, general surgery, obstetrics and gynaeco- logy, and orthopaedics were Professor John Robinson, Emeritus Professor of Anaesthesia, Birmingham University; Mr. J. A. Dormandy, Cnsultant Surgeon, St.

Georges & St. James' Hospital, London; Mr. Roger Clements, Consultant in Obstetrics and Gynaecology; and Professor Thomas Duckworth, Professor of Orthopaedics. To conclude on a light note, the following description was given by one of the medical contributors of the troubled relationship between the surgeon, the anaesthetist and the patient - "the half-awake

being dealt with by the half-asleep being half murdered by the half-wit". By comparison, the relationship between solicitors and barristers seems extraordinarily untroubled!

•Action for V i c t ims of Medical Accidents (AVMA), Bank Chambers, 1 London Road, Forest Hill, London S E 23 3TP; Tel London (01) - 291-2793.

Founded by Dr. A. J. F. O'Reilly to honour the memory of his late father, the Fund provides a SCHOLARSHIP of £5,000 to contribute towards the cost of attendance at a full-time or part-time MBA course. The Fund seeks to promote knowledge of Commercial Law and Corporate Finance among young Irish solicitors. Award is by competition, open to all apprentices and solicitors qualified within the last five years who satisfy entry requirements for an approved MBA course, whether at home or abroad. Competition will have two tiers: (1) An essay of between 3,000 and 5,000 words in a Commercial Law subject chosen by the candidate; (2) A panel interview which will assess the background interests, motivation and potential of selected essayists. Applications to participate to be made not later than the 18th May; completed essays by the 30th June, 1990. It is hoped that the successful candidate will commence the study programme in autumn 1990. Telephone or write to Professor L. G. Sweeney, Director of Training, Law Society, Blackhall Place, Dublin (710711).

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