Surgeon's action against HSE over suspension adjourned to allow for settlement agreement

A consultant surgeon's High Court action against the HSE arising out of an investigation into multiple allegations concerning the standard of care he provided to patients has been adjourned till June to allow for the implementation of a settlement agreement.

A consultant surgeon's High Court action against the HSE arising out of an investigation into multiple allegations concerning the standard of care he provided to patients has been adjourned util June to allow for the implementation of a settlement agreement.

The action was brought by Dr Declan Buckley, a gastrointestinal surgeon based at the Regional Hospital, Mullingar, Co Westmeath who has sued the HSE arising out of a decision taken in April 2017 to place him on administrative leave with full pay.

Dr Buckey objected to the decision to place him on administrative leave and rejects claims made about the standard of care he has provided to his patients.

The surgeon claimed he has been denied fair procedures and that the HSE has acted in breach of contract by putting him on administrative leave.

Dr Buckley also feared for his reputation and professional standing as well as becoming deskilled.

The case was due to commence on Wednesday and was expected to last for several days.

However, it was adjourned to allow for talks between the parties and Mr Justice Tony O'Connor was told by Patrick McCann SC for Dr Buckley that the case had been settled subject to certain approvals being agreed.

On that basis the case could be adjourned to a date in mid-June, counsel added.

No details of the settlement agreement were given in open court.

Peter Ward SC for the HSE said his side were consenting to the adjournment and said had the case proceeded would have raised complex issues and would have been lengthy.

The HSE in its defence claimed the decision to put Dr Buckley on administrative leave was a precautionary one, not a disciplinary sanction nor an indication of guilt and was taken after complaints were made about the standard of care provided by him.

The allegations include that his delivery of care to several patients resulted in complications and poor outcomes that were above an acceptable limit.

Last year the High Court dismissed an application by Dr Buckley for an injunction restraining the HSE from investigating him to be put in place pending the outcome of his action.