A new Garda investigation into the theft of patient files from Our Lady of Lourdes Hospital in Drogheda in the late 1990s looks set to begin.
It follows the publication yesterday of the report of an independent inquiry into why an unusually high number of Caesarean hysterectomies were allowed to be carried out at the hospital over a 24-year period from 1974 onwards, and into how medical records subsequently went missing from the hospital. Many of the hysterectomies were carried out by Dr Michael Neary, who has since been struck off the medical register.
A number of patients who believe their wombs were unnecessarily removed by him have in recent weeks been giving statements to the National Bureau of Criminal Investigation, alleging criminal assault.
In relation to the missing files of 44 women who had hysterectomies, the inquiry, chaired by Judge Maureen Harding Clark, was satisfied that an unidentified person or persons, who had knowledge of where records were stored in the hospital, was responsible for their deliberate, careful and systematic removal.
Minister for Health Mary Harney said she would be inviting gardaí to read the "damning" report from the inquiry with a view to bringing a successful prosection.
A senior Garda source confirmed the force would be examining the report in detail and said that the possibility of a "fresh investigation involving gardaí from Drogheda and the National Bureau of Criminal Investigation on foot of the report simply cannot be ruled out at this stage".
Dr Neary, now in his 60s, was not available for comment last night. He suggested to the inquiry that someone "with an agenda to harm him" had removed the documents.
A previous Garda investigation into the missing files ended in a file being sent to the DPP but no prosection was taken.
Ms Harney will meet Patient Focus, the group representing women who underwent Caesarean hysterectomies at the Lourdes hospital, today to discuss the inquiry report and to listen to their demands for a compensation scheme, particularly for women whose records are missing and who therefore cannot pursue civil actions in the courts.
There are also those who have difficulty taking action because of a refusal by the Medical Defence Union to continue to provide insurance cover for Dr Neary.
There were several apologies yesterday to the women who had their wombs unnecessarily removed at the hospital - a practice which went on for more than two decades without other medical staff or hospital management noticing.
The report said there was "no real management" of the maternity unit.
Taoiseach Bertie Ahern expressed deep regret for what had happened and Ms Harney apologised, saying new systems would be put in place to ensure doctors worked in teams, took part in continuing education and were subjected to regular audit.
The Lourdes hospital also issued an apology.
The Medical Council, which regulates the medical profession, said it regretted that a member of the profession could have inflicted such damage and heartache on his patients.
The report said much had changed at the Drogheda hospital, much needed to change and "much remains to change".
It said an audit is still not seen as an immediate imperative by management.
Judge Harding Clark also noted there were "three criminal forced entries" to her premises in Smithfield, Dublin, while the inquiry was taking place.
The HSE said patients with concerns could contact its information line on 1850 241850.