Doctor challenges decision to pursue withdrawn complaint by woman who didn't 'want to relive that experience'

A consultant general surgeon has brought a High Court challenge to a decision by the Medical Council to proceed with an inquiry into a patient's complaint against him despite the complainant's wish not to pursue it.

Tahir Saleem, of Knocknacara, Galway, was the subject of a complaint in March 2018 from a woman patient in relation to surgery carried out on her in the Galway clinic in November 2011.

Dr Saleem says later in 2018 she withdrew the complaint.

Last July, he says she also twice wrote to the Council saying she no longer wanted to pursue the case "as I could not face any hearings/interrogations of that unwanted experience."

She had "moved on with my life" and did not "want to relive that experience from 2011 again."

Dr Saleem has brought proceedings against the Medical Council, its Preliminary Proceedings Committee (PPC), which considers initial complaints, and against a Fitness to Practice Committee (FtPC) which holds inquiries into complaints.

He says the respondents only informed him last September about the woman's July communication saying she was not pursuing the matter.

On September 24 last, the CEO of the Medical Council asked the FtPC to proceed with the inquiry as if the complaint had not been withdrawn. The FtPC is due to meet this week to consider the CEO's request.

Dr Saleem says once the complaint was withdrawn steps taken by the PPC were outside its jurisdiction and powers.

He also says that, alternatively, the PPC and the Council breached his right to fair procedures.

He says the decision of the PPC to refer the matter to the FtPC was also outside its jurisdiction, void, of no effect, and in breach of Section 29(10) of the Medical Practitioners Act 2007.

Today, Mr Justice Charles Meenan granted Dr Saleem's lawyers leave to bring judicial review proceedings following a one-side only represented application.

He also granted a stay on the taking of any further steps against the doctor pending determination of the proceedings. The respondents can apply to vary the stay on 72 hours notice.

The case comes back before the court in February.