A consultant orthodontist was given leave by the High Court yesterday to seek a declaration that her suspension without pay by the South Western Area Health Board was wrong.
Ms Catherine McNamara, of Sandymount Court, Beach Road, Sandymount, Dublin, is also seeking an order quashing the board's decision to suspend her, as set out in a letter of September 19th last.
Ms McNamara, whose judicial review proceedings are against the South Western Area Health Board and the Minister for Health and Children, claims the board carried out an ex parte inquiry into her conduct and purported to suspend her from office without affording her an opportunity of challenging the decision.
In an affidavit, Ms McNamara referred to lengthy correspondence between the sides in relation to the orthodontic service. She referred to a letter from the board in September last. She said she did not refuse to comply with any of the new conditions set out in it and remained fully committed to the board's orthodontic service.
The board suspended her before she had any opportunity of addressing the new conditions, she said.
She had provided every detail of her commitment and preparedness to carry out her duties.
In a letter dated October 10th last from an executive of the board, she was advised that it was the board's intention to remove her from her post on grounds of failure to begin active treatment of patients who were being left without treatment; failure to comply with the terms of a previous reinstatement agreement; and conduct which compromised the interests and reputation of the service.