A surgeon at Cavan-Monaghan General Hospital who has been suspended on the grounds of alleged misconduct is to seek to quash a decision of the North-Eastern Health Board putting him on paid leave. Mr William Joyce was yesterday granted leave of the High Court to challenge the board's decision.
Mr Gerard Hogan SC, for Mr Joyce, told Mr Justice McKechnie that the matter originally arose over a professional disagreement between Mr Joyce and a number of anaesthetists who alleged that he had bullied them. Counsel 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.
The judge granted Mr Joyce leave for judicial review proceedings seeking to quash the decision directing him to take immediate leave with pay until the complaints were resolved.
He was allowed to seek a declaration that the manner in which the decision was taken infringed his right to fair procedures and natural justice and he was given leave to seek an order of prohibition restraining the board from carrying out further investigation of the allegations.