MDU face Judicial Review over rogue dentist Melvyn Megitt - patients may be denied compensation
26/06/2006
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Today Irwin Mitchell incorporating Alexander Harris challenged the refusal of the Medical Defence Union (MDU)to indemnify former orthodontist Melvyn Megitt for the claims against him at a Judicial Review.
If the MDU are successful and Megitt is not indemnified, this will mean that former patients of Megitt will not receive compensation for the damage they have suffered.
The MDU is a discretionary mutual defence organisation. Membership of the organisation is similar to doctor or dentist being insured. But the MDU have the final say over whether to pay out compensation to victims if a doctor or dentist is found to be negligent.
Irwin Mitchell incorporating Alexander Harris represents over 100 former patients who suffered permanent damage at the hands of Megitt.
The preliminary hearing taking place this week will rule on whether the MDU are performing a public function in indemnifying doctors and dentists. If so, they will be required to exercise their discretion on public law principles of fairness and reasonableness.
The result of the hearing is expected in several weeks
Specialist healthcare public law and clinical negligence solicitor Chris Gawne, who acts for Sarah Moreton in the case against the MDU said:
"The Medical Defence Union is exercising its discretion to refuse to indemnify Mr Megitt, and have even refused to give any reason for their decision."
"By refusing to indemnify for genuine claims against fully paid up and co-operative members the MDU is abusing their position of trust."
"The effect is that patients of dentists or private doctors would be left without compensation in circumstances in which a court finds that they have suffered injuries caused by negligent treatment. For the Medical Defence Union to seek to frustrate the system in this way is little short of a scandal. Many medical practitioners we have spoken to are horrified that the Medical Defence Union has exercised their discretion in this way."
"As a result of their decision, Sarah Moreton and many like her will suffer."
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