Surgeon found not guilty over treatment that left woman infertile

A young wife was yesterday left devastated after a surgeon who clipped both of her fallopian tubes was found not guilty of poor professional performance at a fitness to practice inquiry at the Medical Council in Dublin.

Consultant obstetrician and gynaecologist Declan Egan, of Dangan, Co Galway, was facing one allegation of poor professional performance over a procedure he carried out on Lorna McKeogh on June 2, 2010 at University College Hospital Galway.

Specifically, it was alleged that he clipped both her right and her left fallopian tubes in circumstances where this was not consistent with the consent form she signed on the day of her surgery.

Yesterday, the inquiry ruled while Dr Egan did not have consent for the clipping of Ms McKeogh’s left fallopian tube, this did not amount to the allegation of poor professional performance.

Speaking through their solicitor, Mr and Mrs McKeogh said they were very disappointed with the ruling. “The decision doesn’t really make good sense nor does it make good reading for patients’ safety,’ solicitor Cian O’Carroll said.

‘It’s disappointing that there hasn’t been what would appear to be the logical conclusion of a finding of no consent in this case.

Mr McKeogh said he and his wife were extremely disappointed by the findings but relieved that this traumatic chapter in their lives is over.

“After such a long, drawn-out process, a process that took nearly four or five years to come to a conclusion, that it’s time to move on,” said Mr McKeogh.

When asked if the Medical Council has failed them, Mr McKeogh said, “I think it has failed miserably.”

In February of this year, the Supreme Court ruled that a doctor can only be found guilty of poor professional performance if there is more than one complaint against them.

Previously, Dr Egan previously told the inquiry that it was his understanding that Ms McKeogh had given express consent for him to clip her right fallopian tube.

Ms McKeogh, however, claims that she did not consent to having her left tube clipped and that, in doing so, Dr Egan made her infertile.

In a statement last night, a spokeswoman for the Medical Council said: “The Medical Council understands that the complaints process can be a difficult and stressful one for all involved and we try to assist and support all parties as much as possible through the hearing.

“A strict, legal process must however be followed to ensure that all complaints are thoroughly investigated in a fair and robust manner in line with the law.’