Medical Council to defend action

The Medical Council says it will vigorously defend legal challenges being brought by two obstetricians who were found guilty of professional misconduct arising from reports they produced which exonerated the practice of Dr Michael Neary.

The Medical Council yesterday confirmed that it had been served with two separate sets of High Court proceedings issued on behalf of Dr John Murphy and Prof Walter Prendiville.

Dr Murphy and Prof Prendiville were two of three obstetricians who were asked by the Irish Hospital Consultants Associations in 1998 to review the files on a number of Dr Neary's patients.

Last month the Medical Council upheld recommendations from its fitness to practise committee that the three obstetricians be found guilty of professional misconduct.

The fitness to practise committee had recommended that sanctions be imposed on the three obstetricians.

However, the full Medical Council decided to impose no sanctions on Dr Murphy and Prof Prendiville as well as a third obstetrician, Dr Bernard Stuart of the Coombe Women's Hospital.

In its statement the Medical Council said it could confirm that it "has been served with two separate sets of High Court proceedings issued on behalf of Dr John Murphy and Prof Walter Prendiville, arising from the inquiry before the council's fitness to practise committee held during last November-December and subsequent full Medical Council hearing on 6th February, 2007. The council will defend the proceedings vigorously."

It is understood that the legal action being brought against the Medical Council could involve arguments that it should have been able to reject the findings of the fitness to practise committee.

The case may also deal with claims that under legislation, the doctors were not able to appeal the finding of professional misconduct as no sanctions were imposed.