Plea to Martin over cases against Dr Neary

A woman who lost her case against disgraced Drogheda obstetrician Dr Michael Neary today called on Health Minister Micheál Martin to act to prevent further costly legal challenges.

Rosemary Cunningham, from Kingscourt in Cavan, who may be facing a huge legal bill, said she was disappointed at the Supreme Court judgment barring her from suing Dr Neary and Our Lady’s Hospital of Lourdes in Louth.

“I know the other women won’t be deterred by me losing my case, that they will still go ahead with theirs. But I hope Minister Martin will do something so that they don’t have to go through the courts,” said Ms Cunningham.

Up to 60 women are currently taking court proceeding against Dr Neary for operations he carried out on them during the 1980s and 1990s.

Ms Cunningham left Cavan with her family at 6am this morning to attend the Supreme Court hearing – the fifth court appearance in her case. The dental assistant may face massive legal costs, which are due to be decided on Friday.

Patient Focus, which represents former patients of Dr Neary, said it had been told by Health Minister Micheál Martin that the statute of limitations – the three-year period for patients to take a case for medical negligence – only began after Dr Neary was struck off the Medical registrar last year.

In Ms Cunnigham’s case, the Supreme Court found that the statute of limitations began in December 1998 when she made a complaint about Dr Neary to the Medical Council. She did not begin legal action until March 2002 and missed the deadline by a matter of months.

Patient Focus Spokeswoman Fidelma Geraghty said the judgment meant Minister Martin now had to take action.

She said he needed to set up a redress board for patients like Ms Cunningham who were unable to sue Dr Neary in the courts.”

She added that many other former patients did not want to go through the court system.

“It’s extremely upsetting and very hard to cope with when you find that something like that has happened and that it wasn’t necessary. There is strength needed to go down this route and then you are victimised again going through the courts.”

Patient Focus is co-operating with the ongoing State inquiry into the activities of Dr Neary at the Our Lady of Lourdes Hospital.