Surgeon guilty of professional misconduct after Limerick teen's death seeks to keep his job

Medical Council said there were 'serious failings' in the case of Jessica Sheedy who died after she suffered major bleeding and multiorgan failure following surgery on her abdomen

Dr Ashish Lal, who has been on administrative leave from the HSE for seven years following the death of Jessica Sheedy, is before a Fitness to Practise inquiry. Picture: Liam Burke/Press 22

A surgeon found guilty of professional misconduct over delays in seeking help for a teenager who died following surgery he carried out on her at University Hospital Limerick, has requested to keep his job —under strict conditions.

Dr Ashish Lal, who has been on administrative leave from the HSE for seven years following the death of Jessica Sheedy, 18, appeared for a third day before the Fitness to Practise inquiry.

On Tuesday, he admitted and was found guilty of three counts of professional misconduct and 10 of poor professional performance.

The Medical Council said there were “serious failings” in the case of Ms Sheedy who died on May 11, 2018, after she suffered major bleeding and multiorgan failure following surgery on her abdomen.

Submissions for Dr Lal’s sanction for his misconduct were put before the medical council inquiry on Wednesday.

Barrister Neasa Bird, for the CEO of the medical council, said Dr Lal should be given a “very significant” sanction for his failings in Ms Sheedy’s care.

She said the failings were “clear and major” and the sanction “must be a very significant one".

The loss of Ms Sheedy’s life was “catastrophic” and the “gravest possible harm” was caused, said Ms Bird and if Dr Lal is allowed to return to practise, it should be under “extensive restrictions", she said.

Simon Mills, senior counsel for Dr Lal, said he did not disagree that the failings were serious, but it “doesn’t fall into the realm of a case that should be met by the imposition of a period of suspension or by the erasure of Mr Lal’s name from the register of medical practitioners".

He said he was not trying in any way to minimise what had happened to Ms Sheedy and her family. 

The inquiry heard Dr Lal failed to prepare properly for surgery and did not seek help when Ms Sheedy suffered major blood loss during the procedure.

Mr Mills said the case should be dealt with by “the imposition of censure and the attachment of rigorous conditions to the practice of Mr Lal". 

He put forward 19 conditions proposed by his client, including being overseen by a supervising consultant in a “careful, stepwise, supervised return to practise". 

They included that Dr Lal should not be "suspended from all general abdominal surgery".

“It would be disproportionate and draconian if you concluded that not only should he be limited to breast surgery but that it should continue in perpetuity,” he said.

He said his client had suffered personally and that he was now separated from his wife and had children to care for.

His client he said had “insight” into his actions but “the fact that there were multiple failings in the care of this single patient should be treated differently” from “a single serious failing in a very wide range of patients, or where there were multiple failings in the care of multiple patients”.

Ms Sheedy, a beauty therapist from Bruff, Co Limerick, died three days after suffering multiple-organ failure from complications which arose during surgery to remove a benign tumour from her abdomen.

Jessica Sheedy died three days after suffering multiple-organ failure from complications which arose during surgery to remove a benign tumour from her abdomen. Picture: Press 22/Sheedy family

The committee was told on Wednesday that the gardaí had referred the case to the DPP, which directed no criminal prosecution. 

Ms Bird said gardaí had asked to be put on notice of the outcome of the Medical Council's process.

The inquiry was told Dr Lal has since worked for around a year at Gisborne hospital in New Zealand and the “authorities were at all times aware of the circumstances of Ms Sheedy's death, and that a regime of supervision was imposed in New Zealand". 

Four references were given to the committee on behalf of friends and colleagues for Dr Lal in New Zealand and here.

Chairperson, Marie Culliton expressed her condolences on behalf to the committee to the Sheedy family.

"Nothing that we do or anyone else can do is going to make that in any way better for you," she said. "All I can say is, I'm sorry."

The committee has retired to consider their judgement which will be delivered at a later date.