A judicial inquiry into the activities of Dr Michael Neary, which begins officially hearing evidence this week, is to examine records stretching back over a period of at least 30 years at Our Lady of Lourdes Hospital, Drogheda. Carl O'Brien reports.
Judge Maureen Harding Clark of the International Criminal Court is chairing the inquiry established by the Government after the Medical Council found Dr Neary guilty of professional misconduct in relation to removal of wombs from 10 patients.
The Minister for Health, Mr Martin, plans to place advertisements in newspapers this week formally announcing the inquiry is under way.
In a separate development, new legislation providing for the establishment of public commissions to investigate matters of significant public concern is due for final hearing in the Dáil and Seanad this week.
The Commissions of Investigation Bill, 2003, scheduled to be enacted before the Oireachtas summer recess, will not alter the format of the non-statutory Neary inquiry. However, Mr Martin has signalled that he may use the legislation as a means of compelling witnesses to attend the inquiry if compellability proves to be a problem.
The terms of reference of the inquiry have yet to be announced. But it is understood it will examine the rate of Caesarean hysterectomies at Our Lady of Lourdes Hospital, how this compared with other hospitals, and whether such practices were commented upon by others at the hospital.
This will involve the examination of medical records from when Dr Neary was a consultant, between 1974 and 1998, and records from other maternity units of similar size. Judge Clark and her legal team have already completed a detailed preliminary examination. It is also understood that Dr Neary has provided a detailed submission to the inquiry, defending his practices and quoting medical records from the hospital from as far back as the 1960s.
While initial signs are that all parties are co-operating with the inquiry, Mr Martin has indicated that he may ask the Government to examine the possibility of compelling individuals to appear before the investigation if necessary.
He has said this may include an investigation under the Commissions of Investigation Bill, 2003.
The non-statutory inquiry, which has been asked to report back to the Minister within nine months, is taking place in private in the Smithfield area of Dublin. Another consultant at the hospital, Dr Finnian Lynch, is also understood to have provided a separate detailed submission to the hospital. Dr Lynch is also facing allegations of medical negligence in the High Court over the treatment of several women. However, he denies wrongdoing and is contesting the allegations.
A separate submission to the inquiry is believed to have provided detailed medical documentation relating to a range of procedures at the hospital, including controversial obstetric operations known as a symphysiotomies. It is unlikely, however, that these will form part of the official inquiry.
In total, at least 65 women claim Dr Neary performed unnecessary Caesarean hysterectomies on them up to 1998. Their wombs were removed following childbirth in a procedure usually used only in an emergency where the mother's life is at risk from haemorrhaging.
Dr Neary rejects the allegations and is expected to contest these cases in the High Court.