A consultant obstetrician who compiled a report in 1998 opposing the immediate suspension of Dr Michael Neary did so under considerable time pressure and on the basis there would be a full peer review of Dr Neary by the Institute of Obstetricians within weeks or months, the High Court was told yesterday.
Dr John Murphy had typed up his report in November 1998, on the morning after a four-hour meeting between himself and two other obstetricians with Dr Neary, Mr Michael Gleeson SC said. The report was compiled on the basis of the interview with Dr Neary and on the basis of about a thousand sheets of paper concerning nine patients presented in "rag order" by Dr Neary.
Another doctor who later disagreed before the Medical Council with Dr Murphy's conclusions about Dr Neary, had also stated it took him an estimated nine hours to examine the same paperwork, counsel said.
A second doctor who also disagreed with Dr Murphy's findings had agreed it would be "cowardly" to castigate Dr Murphy as he had not in 1998 the benefit of time, retrospection, inquiries and other reports, including the January 2006 Lourdes Hospital Inquiry report, Mr Gleeson added.
Dr Murphy's assertion in his report that the North Eastern Health Board was fortunate to have the services of Dr Neary now "haunted " Dr Murphy, but it had to be seen in the context of Dr Neary's reputation in 1998 as very hard-working, always available and enjoying a good reputation with patients and colleagues, Mr Gleeson said.
He said the obstetricians had discussed with Dr Neary about his appearing to have a low threshold for severe post-partum bleeding and had extracted an undertaking that he would not undertake any more hysterectomies in such circumstances without having such a decision validated by another surgeon.
Mr Gleeson was making submissions for Dr Murphy in the continuing hearing of a challenge by Dr Murphy and Prof Walter Prendiville to the decision of the Medical Council last February that they were guilty of professional misconduct over their reports concerning the obstetric practice of Dr Neary.
The case continues today before Mr Justice Peter Kelly.
