One of the three obstetricians found guilty of professional misconduct by the Medical Council arising out of a report he prepared in 1998 exonerating Dr Michael Neary has said he hopes in future it will be possible for a doctor to give a professional opinion in good faith without being subjected to a council inquiry.
Dr John Murphy made his comment in a letter to fellows of the Royal College of Physicians of Ireland (RCPI), from which he recently resigned as president following the council's finding against him.
He said his hope for Irish medicine is "that it will in the future be possible to give a professional opinion, in good faith, even if that opinion years later is found to be flawed, without a Medical Council inquiry and subsequent intense, corrosive, sinister, and personally destructive media exposure".
He explained how "nearly a decade ago" he gave with two other colleagues "in total good faith, an emergency-type opinion on certain aspects of a colleague's practice. "While, in retrospect, parts of that opinion have been shown to be flawed, the whole purpose of the activity was designed to protect patients and support a doctor. To the best of my knowledge no patient was compromised from this opinion though a considerable number of former patients of that doctor were distressed and annoyed."
When concerns were initially raised about Dr Neary's high level of Caesarean hysterectomies, Dr Murphy and two colleagues - Prof Walter Prendiville and Dr Bernard Stuart - were asked by the Irish Hospital Consultants Association to review his practice.
They looked at nine Caesarean hysterectomies he had carried out and wrote reports saying no restrictions should be placed on his practice. As a result, Dr Neary returned to work but not for long. The then North Eastern Health Board had also sought the views of an obstetrician based in Manchester, who reviewed the same nine cases and expressed major concerns.
The Medical Council later ruled that in all nine cases patients' wombs had been unnecessarily removed by Dr Neary.
In his letter to RCPI fellows on February 21st last, Dr Murphy referred to the fact that during the council's inquiry into his conduct, three highly regarded colleagues gave evidence to the effect that they would most likely have done the same thing as him in 1998. In his 1998 report, he said it was his view that the mothers of the northeast were "fortunate in having the service of such an experienced and caring obstetrician" as Dr Neary.
Dr Murphy and Prof Prendiville are now seeking to take a judicial review of the council's finding against them.