The High Court has reserved judgment on a challenge by two consultant obstetricians to the Medical Council's decision upholding a finding of professional misconduct over their reports on the obstetric practice of Dr Michael Neary at Our Lady of Lourdes Hospital in Drogheda.
Dr John Murphy and Professor Walter Prendiville contend there was no evidence on which the council could have based such a finding.
The also claimed the Medical Council acted unlawfully and unfairly, including in its failure to provide reasons for the findings of professional misconduct. The council has denied those claims.
Prof Prendiville, Dr Murphy and Dr Bernard Stuart were asked in 1998 by the Irish Hospital Consultants Association to review files on a number of Dr Neary's patients at the Drogheda hospital.
They later produced reports opposing the suspension of Dr Neary. They say they also secured an undertaking from Dr Neary that he would not perform any more Caesarean hysterectomies without the agreement of another consultant.
Dr Neary was later struck off the medical register because of the unnecessary Caesarean hysterectomies he carried out on patients at the hospital.
In February, the Medical Council upheld recommendations from its Fitness to Practise Committee that the three obstetricians be found guilty of professional misconduct. However, while the Committee had recommended that sanctions be imposed on them, the Medical Council decided to impose no sanctions in any of the three cases.
Prof Prendiville of South Circular Road, Dublin, was found guilty of one out of twelve allegations before the committee. He was found guilty of professional misconduct relating to the failure to apply the standard of conduct expected by a medical practitioner whilst compiling the report.
Dr Murphy, of the Blackrock Clinic and a consultant obstetrician and gynaecologist with the National Maternity Hospital, Holles Street, was found guilty of three allegations of professional misconduct by the Fitness Practice Committee.
Their judicial review action was heard over four days and concluded today. Mr Justice Peter Kelly reserved judgment.