Restitution for failings on Neary

The professional misconduct of Michael Neary at Our Lady of Lourdes Hospital in Drogheda over a 24-year period, in which he performed…

The professional misconduct of Michael Neary at Our Lady of Lourdes Hospital in Drogheda over a 24-year period, in which he performed unnecessary hysterectomies on at least 60 unfortunate mothers, has raised many awkward questions for the Government, the medical profession, the hospital authorities and insurance companies.

The incisive report on those scandalous events by Judge Maureen Harding Clark has made the introduction of reforming medical legislation and new safeguards for patients an urgent priority. The Tánaiste and Minister for Health, Mary Harney, apologised to the women who had been so profoundly damaged by the unnecessary surgery yesterday. And she undertook to implement the report's recommendations regarding the introduction of regular audits for the work of doctors along with a requirement that they should undergo further training during their careers. Today, she will meet members of Patient Focus, a support group for the women involved and will bring their views to Cabinet.

There are many unsavoury aspects to this affair, including a climate of intimidation and professional elitism at medical level and a religious ethos that allowed these practices to go unchallenged for decades at Our Lady of Lourdes Hospital.

Women were abused and physically damaged in an environment that was designed to protect and cherish them. And many individuals, who must have been aware of these unnecessary surgical treatments, kept silent until a courageous midwife finally called "halt".

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It is important to note that, in spite of three separate inspections by professional medical bodies, the extraordinarily high rate of hysterectomies at Our Lady of Lourdes was not identified as a problem. Statistics were also available to the Department of Health, but no alarm bells rang. Even before Dr Neary began to practise at the hospital in 1974, the incidence of hysterectomies conducted there was well in excess of the national average. The procedures conducted by Dr Neary, assisted by others, were frequently unnecessary, badly judged and terribly damaging to the patients. And he was struck off the medical register because of it. The subsequent removal and alteration of medical records in an attempt to shield those involved, or the reputation of the hospital, were criminal offences. And, in spite of a lengthy Garda investigation and this most recent inquiry, the culprits have not been clearly identified.

It is now six years since this scandal became public. As a result of systematic and unlawful actions at the hospital, however, the medical files of 40 women are missing. They will not be able to undertake successful litigation in the courts. Other women are barred from doing so because of time constraints. Matters of compensation should therefore be dealt with through the appointment of a non-adversarial redress or personal injuries assessment board. In taking that course of action, however, medical insurance companies, the Medical Missionaries of Mary and Dr Neary should not be allowed to escape their responsibilities.