Surgeon returns to work at Cavan hospital

One of the two consultant surgeons suspended from practice at Cavan General Hospital two years ago yesterday returned to work there under an agreement with health authorities in the northeast.

The Health Service Executive - North Eastern Area - in a brief statement last night, said that Mr Pawan Rajpal had recommenced work at Cavan General Hospital from yesterday.

Mr Rajpal and a second consultant surgeon, William Joyce, were suspended in 2003 by the former North Eastern Health Board pending a ministerial inquiry under the terms of their contract.

It is understood that there had been "interpersonal difficulties" between the two men.

Informed sources said last night there had been no conditions attached to Mr Rajpal's return to the hospital

A spokeswoman for the HSE refused to comment on the issue other than confirming that Mr Rajpal had returned to work at the hospital.

The HSE said that "as yet no agreement has been reached as to when Mr William Joyce will return to duty at Cavan General Hospital".

The dispute between Mr Rajpal and the health authorities in the northeast arose as a result of what a Supreme Court judge said last year was a "very difficult relationship" that had developed between him and his colleague Mr Joyce.

In a statement of claim in the High Court earlier this year, Mr Rajpal alleged that between February and August 2003 the chief executive of the then North Eastern Health Board purported to conduct an investigation into allegations made by Mr Joyce. This led to Mr Rajpal being suspended the following month.

Both Mr Rajpal and Mr Joyce initiated a number of legal actions at various stages over the last two years following their suspensions.

In May last year, the High Court overturned the decision in August 2003 to appoint a committee to inquire into the proposed removal of Mr Rajpal. Mr Justice Kearns held that the chief executive of the then NEHB, Mr Paul Robinson, had not adhered to fair procedures when seeking the establishment of the committee.

Mr Robinson had also misconstrued his functions under the Health Act 1970, the judge held. While finding that a decision to suspend Mr Rajpal in August 2003 was valid at that time, Mr Justice Kearns expressed concern that the suspension was continuing and called on all sides to try and resolve matters without resorting to further litigation

The Tánaiste and Minister for Health, Mary Harney, lifted the suspensions last December.

The surgical unit at Cavan General Hospital has been run mainly by locum consultants since the suspension of the two surgeons in September 2003.

The absence of surgical leadership at the unit was identified in a report by the medical adviser to the former North Eastern Health Board, Finbarr Lennon, over a year ago after he examined 15 adverse clinical incidents at the hospital.

There has also been a number of other critical reports on the unit at the hospital in recent years, one of which described it as dysfunctional.