A story of deep misunderstanding and misplaced loyalty

PRESSURE has increased on the Government to compensate victims of Dr Michael Neary.

This comes after a damning report into the activities of the disgraced obstetrician found health system failures contributed to his malpractice.

Tánaiste and Health Minister Mary Harney will meet representatives today of up to 140 women whose wombs were removed when Neary performed unnecessary hysterectomies at Our Lady of Lourdes Hospital, Drogheda, over a 25-year period.

The Patient Focus group is demanding compensation for its members. Some women are barred from suing the 63-year-old doctor because the courts ruled they waited too long to take a case, and 44 others cannot take legal action because their medical files are missing.

Calls came from all parties for a renewed garda investigation into the files’ disappearance after the report disclosed fresh evidence that the vital documents had been deliberately removed.

Ms Harney said: “I would invite the gardaí to read the report in light of the judge’s comments to see if further investigation could lead to a successful prosecution.”

Ms Harney said compensation would be a matter for the Cabinet after they considered the report’s findings.

However, she hinted the Government would be sympathetic to the plight of victims unable to take court actions.

“There are issues, particularly for the 44 women whose files are missing. There can’t be any way they can vindicate their rights through the court system.”

The 354-page report, compiled by Judge Maureen Harding Clark, comes almost eight years after Neary was suspended when a midwife complained about the abnormally high number of hysterectomies in or around the time of birth.

The report said the rate at the hospital was up to 20 times the national average.

Judge Harding Clark found the lack of any auditing system for consultants or the overall hospital performance allowed the practices to continue unchecked.

She concluded: “This is not the simple story of an evil man or a bad doctor, nor is it a story of wholesale suppression of facts. The facts were there for all to see.”

Lourdes Hospital yesterday apologised for the hurt Neary caused his victims, some of whom had only one child when their wombs were removed.

Medical board chairman Dr Alf Nicholson said: “The culture [at the hospital] which existed pre-1998 was very hierarchical, was quite personality driven and related to an unquestioning stance in relation to consultants in general and the obstetric department in particular.”

Medical Council president Dr John Hillary rejected that explanation.

“The only responsibility you can have to your profession is respect for the patients,” he said.

The Medical Council has called for statutory powers to oblige doctors to submit to audits. Government legislation granting extra powers is not due before autumn.

Patient Focus solicitor Colm MacGeehin called on the Government to meet its responsibilities.

He said: “The neglect wasn’t just by the staff of the hospital or the consultants or anaesthetists - it was equally the neglect of the State. This hospital was never inspected by the State during the 25 years of Dr Neary’s reign.”

The findings

* The Government needs to enact the Medical Practitioners Act as a matter of urgency, giving statutory powers to enforce competence assurance.

* There is no national reporting system in place for maternity hospitals to input details daily. This would operate to identify unusual practices or outcomes.

* Meaningful audit at the maternity unit in Our Lady of Lourdes Hospital is not yet in place.

* It is not clear whether the Drogheda maternity unit was unique in its practices or whether similar practices and attitudes are found in any other peripheral hospitals in the State.

* Provincial hospitals are not expected to provide the same level of care as Dublin.