Medico/Legal Fees - Law Society's Position

Litigation 01/09/1991
  1. Agreement has been reached between the Irish Hospital Consultants Association and the Irish Insurance Federation in relation to a scale of fees to be paid to consultants for medico-legal reports and attendances at court. The agreed scale was published in the January/February 1991 issue of the Gazette.
  2. Some difficulties have arisen as to who precisely are represented by the Irish Hospital Consultants Association and the Irish Medical Organisation (IMO). It is clear, however, the IMO represents some consultants and also, apparently, that some consultants are members of both bodies. The Irish Insurance Federation has indicated that the same level of fees are applicable to all consultants irrespective of which of those bodies they belong to.
  3. No agreement has been reached with the IMO in relation to fees applicable to general practitioners.
  4. The Law Society takes the view that it should not enter into discussions with the IMO alone in relation to a scale of fees for medico-legal work for general practitioners unless any such scale has first been agreed to by the Irish Insurance Federation.
  5. For the foregoing reasons, the Law Society is unable to indicate to members what scale of fee is appropriate for general pratitioners. Where the costs are being taxed, it would appear that the appropriate scale is the scale as fixed by the County Registrar and/or Taxing Master. There is, however, some indication that at least some insurance companies are, as a matter of practice, willing to pay general practitioners the same scale as that applicable to consultants.