The Director of Public Prosecutions (DPP) has directed that no prosecutions be taken in relation to missing medical files of former patients of obstetrician Dr Michael Neary.
The files, which relate to more than 30 patients, are alleged to have gone missing from Our Lady of Lourdes Hospital in Drogheda where he worked from 1974 until 1992.
The struck-off doctor was found guilty of professional misconduct in 2003 over the unnecessary removal of the wombs of 10 women.
The Irish Times has learned that gardaí visited Dr Neary's home last Friday to inform him of the DPP's decision.
The 10-month investigation involved interviews with more than 100 people and raids on a number of houses, including Dr Neary's residence.
Many women who had their wombs removed say they are unable to take civil actions against Dr Neary because of the disappearance of medical records. The DPP's direction is likely to increase pressure on the Government to establish a redress board for women who claim their wombs were needlessly removed.
Dr Neary declined to comment on the DPP's findings when contacted yesterday.
Sheila Martin, a member of the Louth-Meath Health Group and an associate of Dr Neary's whose house was also raided by gardaí, said she was relieved at the DPP's direction.
However, she said she would consider what legal options were available to her given the manner in which her house was raided earlier this year.
A judicial inquiry, meanwhile, is due to report to the Government shortly over why so many Caesarean hysterectomies were performed in the maternity unit at Our Lady of Lourdes Hospital.
Judge Maureen Harding Clark is understood to be in the final stages of completing the report, which also examines the issue of missing medical files.
Patient Focus, which represents women who say they were damaged by Dr Neary, said the issue of missing records was of vital importance for women seeking justice.
"We're disappointed the gardaí were not able to get to the bottom of how the records disappeared," a spokeswoman said.
"We met with Tánaiste Mary Harney in March about the missing files and the possibility of establishing a redress board. After consulting with the Attorney General, she seemed to be of the opinion that a redress board was the only option, but is waiting until Judge Harding Clark's report is finalised before making a decision."
Patient Focus says a combination of the statute of limitations and the fact that files are missing means many women will never be able to bring a case to court through no fault of their own.
In total, at least 65 women claim the Drogheda-based obstetrician performed unnecessary Caesarean hysterectomies on them up to 1998.
However, up to 100 women are expected to seek compensation if a redress board is established.
Dr Neary rejects any wrongdoing and is expected to contest any cases that come before the courts.
The Medical Council found Dr Neary guilty of professional misconduct and struck him off the medical register two years ago.
According to figures from the Department of Health, there were 334 Caesarean hysterectomies carried out in the Lourdes hospital in Drogheda between 1950 and 1983, which was more than 10 a year.
In the Rotunda Hospital in Dublin, 148 Caesarean hysterectomies were carried out between 1905 and 1976 - approximately two a year.
