Doctors must blow whistle on peers

THE president of the Medical Council last night said doctors should be legally obliged to notify the council about incompetent or “aberrant” practices by colleagues.

In a far-reaching response to the Lourdes Hospital Inquiry, Dr John Hillery said that such obligations already existed in the council’s ethical guidelines but should now be given a statutory footing in the Medical Practitioners’ Bill, to be published in the autumn.

Speaking in Dublin last night, Dr Hillery said he shared the disbelief that the practices of Dr Neary could continue under the eyes of other doctors without any of them questioning what was happening or trying to stop it.

“There are issues of an ethical nature as regards our responsibilities to patients and our duties to the profession that need to be addressed immediately.

“Otherwise the trust that is the cornerstone of therapy and the patient relationship may vanish. That will be a disaster for the profession but also damaging for the public interest at large,” he said.

Dr Hillery said he would call a meeting of the Medical Council as soon as possible to implement all recommendations in Judge Maureen Harding Clark’s report under its remit.

Under the council’s ethical imperatives, doctors are required to maintain their competence and also notify the council if colleagues are engaging in incompetent or dangerous practices. Dr Hillery questioned the degree of vigilance on these issues.

“Recent evidence in Fitness to Practice Inquiries and anecdotal narrative suggests to me that despite the stated ethical responsibility, unusual behaviour in a colleague, though always a cause for concern, may still be responded to with uncertainty and procrastination by doctors,” he said.

He said the time had come to make it obligatory to communicate to the Medical Council any concerns doctors may have about a colleague.

Tánaiste and Health Minister Mary Harney confirmed in the Dáil yesterday that statutory obligations to report incompetent or dangerous practices would be included in the upcoming Medical Practitioners’ Bill.

“Part of the legislation will make it a statutory requirement to meet competence assurance standards every few years,” she said.

Ms Harney said that legislation may also be required to allow victims of Dr Neary to be compensated speedily. Estimates of costs vary between €40 million and €50m.

Ms Harney, who will meet Judge Harding Clark on Monday, said she would like to see more lay people having an input on the Medical Council.