Medical body acted 'unfairly' over Neary

The Medical Council acted unfairly and unlawfully towards two consultant obstetricians in finding they were guilty of professional misconduct over reports exonerating the obstetric practice of Dr Micheal Neary at Our Lady of Lourdes Hospital in Drogheda, the High Court was told yesterday.

There was no evidence on which the council could have based such a finding, Nicholas Butler SC for Prof Walter Prendiville said.

While two other doctors had told the council they disagreed with the obstetricians' findings that there was no evidence of questionable clinical judgment or faulty decision making by Dr Neary in performing a number of Caesarean hysterectomies, those doctors had also emphasised the obstetricians' reports were prepared in circumstances of great constraint and without information later available, he said.

Neither doctor had made any express or implied criticism which could justify a finding of misconduct, Mr Butler said. One of those doctors had told the council he initially believed Dr Neary had "lost his bottle" but later changed his mind in view of the Lourdes Hospital Inquiry report of 2006. Another doctor had agreed there were "worse things" than performing a Caesarean hysterectomy inappropriately, and that was not carrying out such hysterectomies where they were appropriate.

Counsel was opening proceedings before Mr Justice Peter Kelly in which Prof Prendiville and Dr John Murphy are challenging the Medical Council's findings against them. They claim unfair procedures, unlawfulness and irrationality in the council's findings.

The proceedings arise after Prof Prendiville, Dr Murphy and Dr Bernard Stuart were asked in 1998 by the Irish Hospital Consultants Association to review the files on a number of Dr Neary's patients at Our Lady of Lourdes Hospital in Drogheda. They later produced reports which effectively exonerated Dr Neary's practice. Dr Neary has since been struck off the Medical Register arising from performing unnecessary Caesarean hysterectomies on patients at the hospital.

Last February, the Medical Council upheld recommendations from its fitness to practise committee that the three obstetricians be found guilty of professional misconduct. However, while the committee recommended sanctions be imposed on the three obstetricians, the Medical Council decided to impose no sanctions on any of the three.

Dr Murphy and Prof Prendiville initiated challenges to the findings last March. They say their review of Dr Neary's conduct was carried out under pressure and in the absence of "the full picture" which eventually emerged in relation to Dr Neary.

Prof Prendiville was found guilty of one out of twelve allegations before the committee. He was found guilty of professional misconduct relating to the failure to apply the standard of conduct expected by a medical practitioner while compiling the report. Dr Murphy was found guilty of three allegations of professional misconduct.