A Supreme Court appeal by Co Louth consultant obstetrician Michael Neary aimed at halting an action for damages for the alleged unnecessary removal of a woman's womb has been adjourned.
Chief Justice Mr Justice John Murray presiding at the five-judge Supreme Court, said yesterday that Mr Neary had to decide if he is going to rely on the statute of limitations in the case. If he was, it would be in the interest of both parties that an application should be brought to have the matter determined as a preliminary issue.
He also told Mr Neary to file a defence in the case. The matter was adjourned generally.
Mr Neary has appealed the High Court's refusal to prevent Margaret Lynch bringing an action alleging he unnecessarily removed her womb after she gave birth to a stillborn infant in August 1988. Ms Lynch, Church Lane, Tullyallen, Co Louth, is suing him and Our Lady of Lourdes Hospital, Drogheda, for damages for personal injuries arising from the hysterectomy.
Mr Neary claims he is totally prejudiced in defending the case because of the lapse of time in the case and the absence of hospital records relating to Ms Lynch's treatment.
In High Court proceedings in February 2005, lawyers for Mr Neary argued the court should strike out the case because of the delay in bringing the proceedings which meant relevant contemporaneous records were not available from the hospital.
In refusing to strike out the action, Mr Justice Paul Butler said that an exercise of the court's inherent jurisdiction to dismiss Ms Lynch's proceedings at this stage on grounds of inordinate and inexcusable delay would deprive Ms Lynch - who, on her case, had suffered gravely and was not at fault for the delay - of her right to even present her case.
Mr Justice Butler said he was satisfied that the prejudice which Mr Neary alleged as a result of delay had not yet been established.