An appeal by obstetrician Dr Michael Neary to prevent a woman suing him for allegedly removing her womb unnecessarily was adjourned by the Supreme Court today over legal issues.
Margaret Lynch from Tullyallen, Co Louth, is also taking an action against Our Lady of Lourdes Hospital, Drogheda, for damages for personal injuries arising from the hysterectomy.
She is alleging Dr Neary unnecessarily removed her womb after she gave birth to a stillborn infant in August 1988.
Ms Justice Susan Denham, sitting as part of the three-judge court, said there were very significant issues involved as Ms Lynch was claiming damages for a serious injury caused in 1988. "The defendant's case is it is fatally prejudiced due to a lapse of time and documents," she said.
Ms Justice Denham said the case made by Dr Neary's lawyers was largely based on two cases decided by the High Court. "It is not clear to this court the two cases address the issue," she said. "The court will adjourn this to be heard by a court of five judges."
She said the Chief Justice would choose a date for the case to proceed.
Charles Meenan, SC for Dr Neary, said his case was largely based on the inherent jurisdiction of the court to dismiss the case as with the lapse of time the defendant was no longer in a position to defend himself.
The court heard the proceedings were begun in 2003. Mr Meenan said relevant contemporaneous medical records relating to the removal of the womb and the birth were not available.
"What records are available are of little relevance to the proceedings," Mr Meenan said. He said Dr Neary would require the contemporaneous notes to defend himself and that he was grossly prejudiced due to the passage of time.
Lawyers for Dr Neary appealed to the Supreme Court after the High Court refused to strike out the action on grounds of delay.