Doctors are to fight an injunction which stopped them billing patients directly for operations.

Last month doctors lost patience with insurers over months of stalled talks on updating a fee schedule for operations and threatened to get payment direct from patients. The move was blocked in court by the Health Insurance Association of Bermuda (HIAB), who successfully won an injunction against the doctors.

Yesterday, the Bermuda Medical Society and Bermuda Medical Association said they had filed an application with the Supreme Court of Bermuda to set aside the injunction obtained by Somers Isles Insurance Company Limited and BF&M Life Insurance Company Limited on October 14. They said the application, which was served upon Somers Isles and BF&M's lawyers, will be heard by the Supreme Court as soon as a court date is available.

Jonathan Murray, M.D., president of the Bermuda Medical Society, said the writ served on the BMS last month had stopped the doctors from billing for any hospital and office procedures and from using a new fee-coding format.

He said: "We will be going to the Supreme Court to request that the writ is lifted so that we can be paid for the services we carry out for our patients."

He said doctors were still talking to HIAB about the on-going impasse.

Dr. Murray added: "We are hopeful that we can negotiate the fee schedule with them before presenting it to the Minister for ratification so that patients can once again rest assured that necessary medical procedures are covered under their insurance policy.

"However in the meantime, we have applied to have the writ lifted."

Last night HIAB President Gerald Simons said: "Clearly the doctors have a right to challenge the injunction. We will see what the court decides.

"It's my hope we will resolve this situation before the hearing."