Lack of Medical Council appeal mechanism unfair, claims doctor

Thu, Nov 29, 2012, 00:00

A doctor has claimed before the High Court that his rights are being breached due to the absence of an appeal mechanism against a Medical Council inquiry finding that he was guilty of poor professional performance in his treatment of a patient who later died.

A Medical Council fitness-to-practise committee inquiry had found Dr Anthony Enobo Akpekpe (52), from Co Laois, guilty on a single count of poor professional performance in failing to take an adequate medical history of Patrick Lowe (74) at his home in Monkstown, Dublin, on September 13th, 2010.

Dr Akpekpe was cleared on five other complaints about poor professional conduct, the High Court heard. Dr Akpekpe, who was working for a locum service, Mediserve Ireland, had diagnosed Mr Lowe, who was blind with brain damage, as having a “tummy bug”. He died two days later, an autopsy showing he had inhaled faecal matter after vomiting as a hernia had obstructed his bowel.

The case concluded yesterday and the president of the High Court, Mr Justice Nicholas Kearns, reserved judgment.