A doctor at the Coombe Women's Hospital, Dublin, has brought a High Court challenge to a finding by the hospital's secretary-manager, Mr John Ryan, of misconduct by her as a consultant anaesthetist.
Dr Celine Traynor, Orwell Park, Rathgar, Dublin, was alleged by the hospital authorities to have been the subject of complaints by a number of her colleagues.
In her statement of claim, Dr Traynor alleges Mr Ryan's purported findings were completely unsustainable and as a consequence, portrayed her as guilty of misconduct in her profession which was a grievous slur on her good name.
She alleged Mr Ryan's actions derived from the animus of the hospital Master, Dr Seán Daly, in securing her suspension when the Master received a letter from her trade union which took issue with his treatment of her. She claimed she was harassed and bullied by him.
Mr John Finlay SC, for Dr Traynor, said difficulties arose with the appointment of Dr Daly as Master of the hospital in 1999. Dr Traynor had then consulted the Irish Hospital Consultants' Association. Dr Daly had sought meetings with her but made no specific complaints.
Mr Ryan contends he complied with Dr Traynor's contract and denies his decision was flawed, invalid, unlawful or that he acted beyond his powers. He alleges that Dr Traynor failed to accept and respect that he and the hospital are under a duty to do all things necessary, as they reasonably consider, to protect and safeguard the safety, health and welfare of patients and staff. He also claims she obstructed the proper resolution of complaints against her.
Mr Finlay said that on June 21st, 2001, Ms Carol Kenny, then acting hospital general secretary and general manager, had written that the Master had repeatedly sought meetings with Dr Traynor to discuss his concerns in relation to her professional conduct.
The letter stated the concerns arose from a number of complaints made by Dr Traynor's colleagues in relation to her alleged behaviour. The letter referred to an alleged complaint by another doctor that she delayed in attending a patient and alleged aggressive and verbally abusive conduct by her towards the other doctor.
Another consultant anaesthetist complained that he had received "unprecedented" verbal abuse from Dr Traynor. A consultant obstetrician-gynaecologist had alleged delay on her part in attending a patient who required emergency delivery and a complaint of unwarranted interference in an operation.
Ms Kenny's letter stated that following consultation with the Master and the chairman of the hospital board, she had formed the opinion that Dr Traynor's alleged conduct, if allowed to continue, would impose a serious risk to the health and welfare of patients and staff. The letter added that the hospital authorities required Dr Traynor to take administrative leave with pay for such time to allow the completion of an investigation.
Mr Finlay said an inquiry took place in which Mr Ryan interviewed those involved, including Dr Traynor. Last December, he issued his decision upholding a number of complaints.Mr Finlay said Mr Ryan's findings were being challenged on the basis of disputed questions of fact. Mr Ryan had also made findings in relation to questions of clinical practice.
The action is scheduled to last for two weeks.