Doctor fails to have Medical Council finding overturned

A doctor has lost his High Court action aimed at overturning a Medical Council inquiry finding that he was guilty of poor professional…

A doctor has lost his High Court action aimed at overturning a Medical Council inquiry finding that he was guilty of poor professional performance in his treatment of a patient who later died.

Dr Anthony Enobo Akpekpe (52), Co Laois, was found guilty last year by a fitness-to-practise committee inquiry of having performed poorly by failing to take an adequate medical history of Patrick Lowe (74), Monkstown, Co Dublin, on September 13th, 2010.

Dr Akpekpe was sanctioned under the Medical Practitioners Act 2007 which provides that the Medical Council "advises" him in relation to his professional conduct. He was cleared on five other complaints.

In his action against the Medical Council, Ireland and the Attorney General, Dr Akpekpe sought to have the finding against him quashed on grounds including his rights were breached by the absence of an appeal mechanism against the sanction.

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The president of the High Court, Mr Justice Nicholas Kearns, yesterday found the rights involved were not absolute and may be qualified in appropriate circumstances in the common good.