Solicitors for Dr Michael Neary are expected to individually contest dozens of cases brought by women relating to alleged medical negligence on the grounds that they are being taken outside a legal three-year time limit. Carl O'Brien reports.
The stance raises the prospect of lengthy litigation battles involving as many as 80 women who are taking separate actions against the doctor for allegedly performing unnecessary Caesarean hysterectomies over a 20-year period up to 1998.
Dr Neary has already been found guilty of professional misconduct by the Medical Council in relation to a total of 13 cases which mostly involve the removal of patients' wombs. He has also been struck off the medical register.
Mr Colm MacGeehin of MacGeehin, Toale, Nagle Solicitors, which is handling the majority of the cases on behalf of the women, said the three-year time limit was being cited in around 80 per cent of the cases being contested.
The Medical Defence Union, which is involved in contesting many of the cases of behalf of Dr Neary, declined to comment on its legal strategy.
Mr MacGeehin said many of the women now faced a daunting period of uncertainty as many operations took place well over three years ago.
The women say the three-year time-limit should only begin to apply from when they found out they may have been the subject of alleged misconduct, rather than when the operation took place.
Solicitors for Dr Neary have already appealed a High Court ruling in October last year which struck out his application that proceedings brought by a Co Cavan woman, Ms Rosemary Cunningham, were statute-barred. A Supreme Court ruling on the matter is expected next month.
Also, in the first successful case taken against Dr Neary in July 2003, his solicitor argued that the action was statute-barred. The Supreme Court rejected this argument by a two-to-one majority.
A total of 120 women claim Dr Neary performed unnecessary Caesarean hysterectomies on them at Our Lady of Lourdes Hospital in Drogheda. However, not all are taking legal action.
Mr MacGeehin said the pressure on the women, coupled with missing medical records relating to many women, underlined the need for a proper public inquiry and compensation tribunal.
Meanwhile, in a separate development, an opinion poll carried out on services at Our Lady of Lourdes Hospital has shown that many patients feel the hospital has not learned from any previous mistakes.
The survey of 400 patients, conducted anonymously by the Louth-Meath Health Group, found that 63 per cent of respondents said media coverage had had an adverse effect on the hospital. Many said the hospital had lost good doctors and expressed concern that posts would not be filled due to adverse publicity.