Council not to appeal Neary case

A decision by the High Court last month to overrule a Medical Council fitness-to-practise decision in relation to two obstetricians…

A decision by the High Court last month to overrule a Medical Council fitness-to-practise decision in relation to two obstetricians will not be appealed to the Supreme Court.

The Medical Council made the decision not to appeal the ruling at a meeting in Dublin yesterday.

The council had found the obstetricians - Dr John Murphy and Prof Walter Prendiville - guilty of professional misconduct over reports they prepared in 1998 exonerating the practice of former Drogheda obstetrician Dr Michael Neary.

Dr Neary was subsequently struck off the medical register for needlessly removing the wombs of a number of his patients.

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Dr Murphy and Prof Prendiville sought a judicial review of the Medical Council's finding against them in the High Court. They won their case last month.

Mr Justice Peter Kelly said the findings against them were "unlawful".

The judge strongly criticised the handling of the case by the council and its fitness to practise committee.

He said the fitness to practise committee had left the doctors "absolutely in the dark" as to the basis of its findings.

There was no official comment last night from the Medical Council on its decision not to appeal the High Court ruling to the Supreme Court.

But the council is expected to issue a statement today .

Last night Sheila O'Connor of Patient Focus, the group which represents women damaged by Dr Neary, expressed disappointment at the Medical Council's decision.

"It's unbelievable as far as we are concerned. We are very concerned that this may open up the possibility of other doctors seeking a judicial review of their fitness to practise hearings before 2004," she said.

"We are calling on the Minister for Health and the Attorney General to scrutinise the new medical practitioners Act to prevent this happening again," she added.

Furthermore she said she felt the Medical Council was "abdicating its responsibility to patients" by not lodging an appeal.