Medical Council decision against doctor found guilty of poor performance upheld

Doctor had been found not guilty of professional misconduct or poor performance on six of seven counts by Medical Council

Dr Salah Aziz. Photograph: Gareth Chaney/Collins

Dr Salah Aziz. Photograph: Gareth Chaney/Collins

 

A High Court order noting an undertaking in 2014 by Cavan General Hospital consultant Salah Aziz not to practise obstetrics or undertake surgery was vacated on Monday by Ms Justice Deirdre Murphy.

Dr Aziz was the subject of an inquiry by the fitness-to-practise committee of the Medical Council, which found him not guilty of professional misconduct or poor professional performance on six out of seven allegations.

The committee, following a 25-day inquiry into allegations relating to the cases of three women and childbirth at the Cavan hospital between 2012 and 2014, found that one of the cases had amounted to poor professional performance.

JP McDowell, solicitor acting for the Medical Council, told Ms Justice Murphy that the committee held that Mr Aziz had failed to decide that immediate delivery of Patient C by emergency section was required at the Cavan hospital around April 26th, 2014.

Mr McDowell said the committee had recommended that a sanction be applied to Mr Aziz and the Medical Council had met to consider this in July last.

“The council decided that the practitioner should be admonished in relation to his performance and that certain conditions should be attached to the retention of his name on the medical register,” Mr McDowell said.

He told the court that six conditions had been set out by the council, including that Mr Aziz practice for a period under the supervision of another consultant.

Mr McDowell said there had been no appeal of the Medical Council’s decision and he was seeking, on behalf of the council, a court order confirming the decision of the council to attach the conditions to Mr Aziz’s name in the register.

He said the court had made an order in 2014 noting an undertaking provided by Mr Aziz to the effect that he would not practise obstetrics or undertake surgery pending the outcome of inquiries by the fitness-to-practise committee.

Ms Justice Murphy said she saw no good reason not to confirm the decision of the council and did so in accordance with law.

She vacated the order regarding Mr Aziz’s earlier undertaking. She noted that the council was not making any application for legal costs in the matter.