Court overturns misconduct findings in Neary case

TWO consultant obstetricians have won a High Court order overturning as “unlawful” findings of professional misconduct against them by the Medical Council over their 1998 reports about the obstetric practice of Dr Michael Neary at Our Lady of Lourdes Hospital in Drogheda.

The judgment of Mr Justice Peter Kelly upholding the challenges by Dr John Murphy and Professor Walter Prendiville has significant implications for the future conduct of inquiries into allegations of professional misconduct against doctors.

The judge yesterday strongly criticised the handling of the case by the Medical Council and its Fitness for Practice Committee and ruled it would be unjust and pointless to return the matter to the council for a fresh consideration due to: