A surgeon at Cavan-Monaghan General Hospital, who has been suspended on the grounds of alleged misconduct, is to seek to quash a North Eastern Health Board decision to place him on paid leave.
Mr William Joyce, of Derrycramph, Co Cavan, was today granted leave of the High Court to challenge the Health Board’s decision.
Mr Gerard Hogan, SC, counsel for Mr Joyce, told Mr Justice McKechnie the matter stemmed from a professional disagreement between Mr Joyce and a number of anaesthetists who had alleged Mr Joyce bullied them.
Mr Hogan said that what had originally been regarded as a bullying complaint had effectively changed into a very different and much more serious allegation regarding the handling and treatment of two patients.
Mr Justice McKechnie granted Mr Joyce leave to take judicial review proceedings seeking to quash the Health Board’s decision directing him to take immediate administrative leave with pay until the resolution of the complaints.
He was also allowed to seek a declaration that the manner in which the Board’s decision was taken infringed his right to fair procedures and natural justice.
Mr Joyce was also granted leave to seek an order of prohibition restraining the Board from carrying out any further investigations in relation the allegations leveled against him.