New medical practice legislation aimed at speeding up misconduct inquiries, such as that into Drogheda obstetrician Dr Michael Neary, is due to be published before the end of the year. Joe Humphreys reports.
A spokeswoman for the Minister for Health and Children said Mr Martin planned to publish the Medical Practitioners Bill, which has been prepared following two years of consultation, in the next Dáil term.
The announcement came amid renewed criticism yesterday over delays in reforming the investigative procedures of the Medical Council, which took 4½ years to complete its inquiry into Dr Neary.
Council president Prof Gerard Bury said it had been lobbying successive ministers since 1998 about the need to amend the 25- year-old legislation relating to professional standards.
The council had proposed a range of preventative measures, including the introduction of a "competence assurance" scheme guaranteeing specialists are monitored periodically through clinical audits and peer reviews.
The council also wanted more flexibility in inquiries, noting complaints at present must be either upheld or dismissed. In some instances, noted Prof Bury, mediation or a "middle course" would be more appropriate.
The council is also seeking changes to the composition of its fitness to practise committees to reduce the "enormous burden" weighing upon their lay-members. The Minister currently appoints three lay members to the 25-member council and each committee must have one such person sitting upon it.
Meanwhile, the group representing some of Dr Neary's patients has expressed its concern at suggestions that a proposed inquiry into the doctor's activities would be held in private.
Ms Sheila O'Connor of Patient Focus said: "The women in our group are sick to the teeth of behind-closed-doors inquiries. If the Minister came back with anything other than a proper statutory inquiry with public hearings, it would be an insult."
Mr Martin, who is on holidays at present, plans to meet the group, as well as the Medical Council, to discuss the issue towards the end of next month. It is understood he supports the idea of an inquiry but could face opposition within the Cabinet if he proposes it should take place in public.
Concern at the cost of public tribunals has prompted the Minister for Justice, Mr McDowell, to propose legislation allowing for fast-track investigations, which would take place in private, without full legal teams representing everyone concerned.
But Ms O'Connor said what Mr McDowell had proposed would "not be acceptable" to Patient Focus. "It's about much more than a negligent doctor. It's about what happened to the women who complained, how they were not believed. What we need is a truth commission."
Dr Neary, who worked at Our Lady of Lourdes Hospital, Drogheda, has 21 days to lodge an appeal against this week's decision of the Medical Council to strike him off the medical register. Earlier this month the Supreme Court upheld a finding of negligence against him in his treatment of Ms Alison Gough when she gave birth to her only child almost 11 years ago.
More than 100 women have alleged that Dr Neary performed unnecessary Caesarean hysterectomies on them during a 20-year period up to 1998.
The North Eastern Health Board said yesterday it wished "to assure members of the public that Our Lady of Lourdes Hospital will continue to provide them with quality care".
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