Doctor fails to stop misconduct inquiry

A doctor has lost a High Court application to stop an inquiry next week by the fitness to practise committee of the Medical Council…

A doctor has lost a High Court application to stop an inquiry next week by the fitness to practise committee of the Medical Council into allegations of professional misconduct arising from an alleged sexual assault on a patient.

Mr Justice Liam McKechnie yesterday refused leave to the doctor to bring judicial review proceedings aimed at overturning the decision of the committee, made on June 29th last year, that there are prima facie grounds for holding an inquiry.

It had been alleged that the doctor had sexually assaulted a patient in December 2000 and had subjected the patient to unnecessary examinations of a sexual nature, the court heard.

The judge refused leave to bring the challenge on a number of grounds, including the doctor's delay in initiating the proceedings.

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He also said the committee had clearly set out the allegations it proposed to inquire into and there was no room for ambiguity in that regard.