Consultants who approved Dr Neary granted appeal for misconduct findings

TWO hospital consultants found guilty of professional misconduct by the Medical Council for exonerating disgraced obstetrician Dr Michael Neary can challenge its findings, the High Court decided yesterday.

The doctors had cleared the way for Dr Neary to return to work at Our Lady of Lourdes Hospital in Drogheda after concern was raised about his high rate of Caesarean hysterectomies.

Mr Justice Kelly, who heard the application, said a judicial review of the council’s findings would be held in June.

The two men want the council’s findings against them quashed and say they are irrational and unreasonable.

The legal challenge is being taken by Dr John F Murphy, consultant obstetrician and gynaecologist at the National Maternity Hospital, Holles Street and Prof Walter Prendiville, consultant obstetrician and gynaecologist at the Coombe Women’s Hospital.

The two doctors, as well as a third obstetrician, Dr Bernard Stuart, also of the Coombe, were asked by the Irish Hospital Consultants Associations in 1998 to review nine of Neary’s patient cases after concerns were raised about his high rate of Caesarean hysterectomies.

It was only after a hospital consultant based in Britain expressed concern in a second review of the same nine cases that Dr Neary was removed from duty. He was subsequently found guilty of professional misconduct by the Medical Council and struck off.

Last month the council upheld recommendations from its fitness to practice committee that the three obstetricians be found guilty of professional misconduct.