Surgeon denies posing threat to safety of his patients

A consultant surgeon has denied suggestions made before the High Court that he represents a risk to patient safety.

Prof William P Joyce, a consultant colorectal and vascular surgeon, initiated proceedings against Galway Clinic Doughiska Ltd after it informed him on February 28th last that his practising privileges were being terminated with effect from three months of that date.

He wants the High Court to continue a temporary injunction obtained earlier this year restraining the clinic from withdrawing his admission and operating privileges at the facility until the dispute has been finally determined by the court.

Opposing the application to extend the injunction, the clinic says it withdrew the privileges over patient safety concerns following an incident on July 26th last when Prof Joyce was conducting surgical procedures at the clinic.

He claims, despite being promised he would be assigned a consultant anaesthetist while treating patients, one was not provided. He said another anaesthetist who was working elsewhere in the clinic had said they would assist him.

While he prepared an anaesthetic called Propofol to save time while awaiting the other anaesthetist’s arrival, he never personally intended to administer the anaesthetic and is not permitted to do so, he said.

As he was preparing the anaesthetic, he said another member of staff entered the operating theatre and, during an exchange, asked him if he intended to administer the anaesthetic. He said he was very unhappy about being asked that question in front of patients and left the room.

Arising out of that incident, an investigation was launched.

The clinic, following an external review which found Prof Joyce had intended to administer the anaesthetic, acted on that. The doctor rejects the review’s findings.

Eugene Gleeson SC, for Prof Joyce, said the review was “utterly flawed” and deficient on several grounds. Prof Joyce in no way represents a risk to patient safety and that issue had been introduced into the action because the steps taken by the clinic were flawed, counsel said.

Mark Connaughton SC, for the clinic, argued there was a patient safety issue because of the breakdown in the working relationship between Prof Joyce and the clinic.

The clinic rejects all claims the processes it engaged in before it was decided to terminate his practising privileges were flawed, counsel said.

A report by an independent expert into the complaints by Prof Joyce had described the working environment as being “toxic”, he added

The hearing continues on Wednesday before Ms Justice Deirdre Murphy.