The High Court has reserved judgment on an application to prevent a woman, who claims her left ovary was wrongfully removed by Co Louth consultant obstetrician Dr Michael Neary, pursuing a legal action for damages against Dr Neary and others.
Ms Rosemary Cunningham, of Corlea, Kingscourt, Co Cavan, has taken proceedings against Dr Neary, a consultant obstetrician/ gynaecologist; representatives of the Medical Missionaries of Mary and a nominee of the North Eastern Health Board arising from her treatment by Dr Neary at Our Lady of Lourdes Hospital, Drogheda, in 1991. She claims he wrongfully removed her left ovary during an operation on August 15th, 1991, which followed her admission to the hospital with an ectopic pregnancy.
In a preliminary motion, Dr Neary and the other defendants are claiming the action is statute barred - brought outside the three-year time limit for proceedings - and have asked Mr Justice Ó Caoimh to determine that the action is statute barred and to strike out the proceedings.
The hearing concluded yesterday and Mr Justice Ó Caoimh reserved his decision to October 28th next. In her evidence to the court yesterday, Ms Cunningham said she didn't take proceedings until March 2002 because it was only after she read a report by a Dr Richard Porter in April 2001 that she believed her ovary was unnecessarily removed. She had trusted Dr Neary and her GP when they told her the removal of the ovary was necessary.
She told Mr Charles Meenan SC, for Dr Neary, that she sent a letter to the Medical Council in December 1998 complaining about Dr Neary, and did not receive a letter from the council until this year, when it stated it had found no misconduct on the part of Dr Neary in relation to her case.
She said the council had not replied to her complaint for a long time. The council was "very slow to give us any help" and were "very reluctant" in the beginning, she said
She believed it was more than likely she would have heard or read media reports in December 1998 relating to Dr Neary. She was not sure when she took a decision to seek medical and legal advice about her experience with Dr Neary.
She thought it was later than December 1998 when she had sought such advice but was unsure. In reply to her own counsel, Mr Sean Moylan SC, Ms Cunningham said there was further information about Dr Neary in the media after December 1998. She would have heard claims he had performed unnecessary hysterectomies.
