Surgeon claims dismissal is racist

An Indian-born surgeon who is an Irish citizen has claimed before the High Court that he had been told by a number of his medical…

An Indian-born surgeon who is an Irish citizen has claimed before the High Court that he had been told by a number of his medical colleagues he would never work again in orthopaedics in Ireland. One colleague had said he should go back to India, the surgeon alleged.

Karuppiah Maha Lingam, of Carbery House, Hartlands Avenue, Glasheen, Co Cork is contending the manner in which he has been treated by his consultant orthopaedic colleagues was "discrimination that can only be understood on grounds of racial and ethnic origin".

Dr Lingam claimed he had unsuccessfully applied for 18 consultant posts. The doctor is seeking an interlocutory injunction restraining the Health Service Executive (HSE) from dismissing him from what he claims is his position as consultant orthopaedic surgeon at Cork University Hospital and St Mary's Orthopaedic Hospital, Cork.

Ms Justice Mella Carroll said she would give her decision on the application today.

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James O'Reilly SC, for Dr Lingam, said the HSE was purporting to terminate his client's employment with effect from May 31st. Dr Lingam had provided surgical services in the two Cork hospitals since July 1993 and as a temporary consultant surgeon since June 1994.

Dr Lingam in an affidavit said that, when he applied for a permanent post at the two hospitals, his consultant colleagues advised him in no uncertain terms he would not be shortlisted and made comments which he believed were racist. One consultant advised he "go back to India" and referred to him as an "outsider".

Tony McNamara, general manager of Cork University Hospital, in an affidavit said the HSE never had any problem or difficulty with Dr Lingam and "hold him in high esteem".

Because Dr Lingam failed to get one of the permanent posts, the HSE no longer had a position for the doctor within its orthopaedic department. Mr McNamara said it was clear from Dr Lingam's own affidavit that relations between him and other orthopaedic surgeons were not good.

Mr McNamara said the HSE had been unable to obtain sanctions from the Department of Health and Children for a post of consultant surgeon and, consequently, the HSE had no option but to terminate his contract. Dr Lingam was incorrect in claiming that termination was due to poor relations with his colleagues.

Mr McNamara said the doctor had been advised to put his allegations of racism and ethnic discrimination in writing but he had never done so.