The Northside Community Law Centre has successfully represented a defendant in a case relating to the admission of patients with private health insurance cover to hospital. Clare Naughton, Solicitor at the Northside Community Law Centre and assisted by Julie Gillane BL, represented the defendant Fiona McCormack.
Ms McCormack had been admitted to Beaumont hospital with chronic renal failure in August 2005. It was alleged by Beaumont hospital that when she was admitted to the hospital she signed a form consenting to be treated as a private patient. When Ms McCormack’s insurer subsequently refused to cover the medical costs, the hospital instituted proceedings against Ms McCormack in the District Court to recover the costs of her treatment. Ms McCormack argued that she did not consent to being treated as a private patient although she accepted that the signatures on the forms were hers. Ms McCormack’s GP gave evidence as to her medical condition on the day she had been admitted and signed the forms.
Judge Collins in the District Court noted that the forms she had signed had been incomplete and did not have details of the VHI plan or the number which related to the patient’s cover. He further noted that as she stayed at the hospital it had been within their power to get this information within a 24 hour period. Judge Collins also stated that there was some obligation on the hospital to inform Ms McCormack that she was not covered. Judge Collins refused the claim for the debt and made no order as to costs.
The judgment from the case is currently unavailable.