Consultant challenging his suspension

A leading medical consultant has been barred from entering a State-run hospital in a dispute over proposed health cost cuts, …

A leading medical consultant has been barred from entering a State-run hospital in a dispute over proposed health cost cuts, the High Court has heard.

Mr Colman Muldoon, consultant physician at Our Lady of Lourdes Hospital, Drogheda, Co Louth, told Mr Justice O Caoimh that the North-Eastern Health Board had placed him on administrative leave with full pay for as long as might be necessary to "resolve problems".

Mr Eugene Gleeson, counsel for Mr Muldoon, said the six-year dispute centred on a clash of interests over the length of hospital stay for his patients and the tightening of purse strings by the board. He said that last Friday Mr Muldoon was told he was no longer welcome at the hospital where he had worked for 29 years. As a result, he faced irreparable damage to his reputation .

Mr Muldoon, of Inchavore, Newtown, Stamullan, Co Meath, said in an affidavit the board had indicated its intention to interfere with the clinical management of his patients. He had no objection to changes in his practice provided they improved the delivery of care to patients and that patients continued to receive the best medical care possible. "But I am not prepared to tolerate changes which diminish the care of patients and particularly impair delivery of patient care for which I have the ultimate responsibility," he said.

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He considered the board's actions constituted an attack on his independence and on his clinical assessment of his patients' requirements. He felt he was the person best qualified to make a decision to decide to whether a patient should stay or be discharged from hospital.

"I readily appreciate the health board's legitimate aim at reducing costs, but not at the expense of the welfare of my patients," he said. He accepted the board had an interest in reducing hospital costs and in advising its consultants to reduce expenditure in whatever way possible, but it also had an obligation to do so in a proper and fair manner.

Mr Muldoon said he had learned the board intended implementing measures on January lst which would considerably reduce his involvement with patients. It planned to appoint a temporary independent consultant physician and he would no longer be permitted to make elective admissions of public and private patients. He claimed that was a breach of his contract. Mr Gleeson said the board was in effect attempting to restrict Mr Muldoon's exercise of his clinical judgment.

He told Mr Justice O Caoimh the contractual clause under which the board had invoked the enforced leave of absence was applicable only to conduct of a consultant where there might be an immediate and serious risk to the safety, health or welfare of patients or staff.

He said there was not a scintilla of evidence in correspondence to suggest any of Mr Muldoon's patients had their health or welfare exposed to a serious risk. On the contrary, a review group had described Mr Muldoon as a "hard-working servant who performed his clinical practices with his patients at the centre of his focus".

Mr Gleeson said Mr Muldoon (60) was contracted with the board until he was 65 but was now prevented from carrying out his duties. If he was suspended for any further time word would get around that he must have done something wrong and he would suffer damage that could never be financially remedied.

Mr Gleeson said his client had written to the Minister for Health and Children, Mr Cowen, who had power to annul, cancel or overturn the board's decision. He had indicated to the board and the Minister his willingness to co-operate with any investigation by his peers in the Royal College of Physicians in Ireland should a review group be set up.

Mr Justice O Caoimh granted Dore and Co, solicitors for Mr Muldoon, leave to serve short notice of motion on the board of Mr Muldoon's intention to seek a court order directing it to lift the suspension and granting other restraining reliefs.