Doctor settles action against private clinic

An action taken by a gynaecologist against a private clinic in Galway was settled for undisclosed terms at the High Court yesterday…

An action taken by a gynaecologist against a private clinic in Galway was settled for undisclosed terms at the High Court yesterday.

Dr Andrea Hermann (41), Rockbarton Court, Galway, had taken the legal action against the Galway Clinic Doughiska Ltd and its chief executive officer, Dr Olwyn McWeeney.

Dr Hermann sought a declaration from the court that she was entitled to the use of surgical facilities at the clinic, an injunction restraining the clinic from contacting her patients without her authorisation and an injunction restraining the defendants from interfering with her carrying out her duties at the clinic.

She also sought damages for loss of reputation, breach of contract and misrepresentation.

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The defendants had denied the claims.

Dr Hermann paid €350,000 in June 2004 for a long-term lease on a consulting suite at the exclusive €100 million facility on the outskirts of Galway city.

Dr Hermann was suspended from carrying out surgical procedures at the clinic on December 7th 2005. The clinic said this was pending the outcome of a review into two operations in January and December 2005 where complications arose.

Following an independent review by two consultant gynaecologists in March, Dr Hermann's full access to the clinic's surgical facilities were restored, and she has been working there normally since then.

When the hearing resumed yesterday, Dr Hermann's senior counsel, Padraic O'Higgins, told the court that the matter had been settled. He asked for the proceedings to be struck out and for no further order to be made.

Mr Justice John MacMenamin congratulated the parties on their good sense and said it seemed to him that that was what should have happened in the interests of all the parties concerned.

The judge agreed to strike out the proceedings with no further order. The terms of the settlement were not disclosed.