Consultant settles dispute with hospital

A consultant physician said yesterday that he was satisfied with the resolution of his High Court action against the North Eastern Health Board. Dr Colman Muldoon had been placed on "administrative leave" last December in a dispute over allegedly excessive stays by his patients at Our Lady of Lourdes Hospital in Drogheda.

The action had been scheduled to last three or four weeks. However, talks continued throughout yesterday. Just before 4 p.m. Mr Justice Quirke was told by Mr Jack Fitzgerald SC that the case had been settled.

No details were given.

Afterwards Dr Muldoon said: "I'm happy that the case has been resolved. The resolution is to my satisfaction. I cannot say any more than that."

Mr Quirke, who was with Mr Frank Callanan SC and Mr Eugene Gleeson, asked that the proceedings be struck out with an order for costs. Mr Ercus Stewart SC, with Mr Hugh O'Neill SC and Mr Roddy Horan, said he was consenting on behalf of the NEHB.

Mr Justice Quirke said he was very glad "the very important and sensitive issues" in the case had been resolved.

He thanked all for the hard work they had put in to achieve a resolution.

Dr Muldoon, of Inchavore, Newtown, Stamullen, Co Meath, had worked at Our Lady of Lourdes Hospital for almost 30 years when he was placed on leave in December 1999. He failed last January to secure an interlocutory order reinstating him. Last June Mr Justice Kelly fixed yesterday for the hearing of the action but suggested that a lot could be achieved by the parties attempting to negotiate on their differences.

At the hearing before Mr Justice Kelly, Mr Callanan said the case was of considerable urgency for his client. Dr Muldoon was suffering a significant financial loss in his private practice and was also being prevented from carrying out the work necessary to maintain his skills as a physician.

He said the dispute was essentially about the length of bed stays by Dr Muldoon's patients, and contended that this was a matter for Dr Muldoon's clinical judgment.

It was admitted that the bed stays were at the upper end of the range, but they were not excessive and were due to the proper exercise by Dr Muldoon of his clinical judgment, counsel argued.

The NEHB had argued that the stays were excessive and gave rise to an immediate and serious risk to the health, safety and welfare of other patients, who might otherwise have been treated at the hospital. The board claimed it was entitled because of the length of the stays to put the doctor on administrative leave.

It also said it had received complaints from other consultants who believed their patients were being jeopardised by the length of stays for Dr Muldoon's patients.