Irish Law List
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November 1 2001

Medical Practitioners Act –Question
by Edward P. Hernon


Five fathers lodged formal complaints to the Medical Council alleging professional misconduct on the part of a prominent G.P. Following long and protracted legal argument an Inquiry by the Fitness to Practise Committee of the Medical Council into the alleged professional misconduct of the named doctor commenced in October of 1999. In the course of judicial review proceedings heard by Mr Justice Barr in the High Court, 1998, Mr Justice Barr ruled that the Medical Council could publish a report on the Inquiry. Following 43 days of hearings the Inquiry finished in May of 2001.

The complainants were informed that the Fitness to Practise Committee concluded their considerations on the 27th July 2001 and that a report on the Inquiry was being typed up. Recently the complainants sought a time-frame for the substantive final hearings, the outcome of the deliberations of the Fitness to Practise Committee and sight of the Report on the Inquiry.

The complainants were informed that they would not be called back to the Medical Council, that they would not be informed of the verdict or the deliberations of the Fitness to Practise Committee and that they were not entitled to sight of the Report on the Inquiry. The doctor in question will receive a copy of the Report on the Inquiry.

My question is, in this particular matter, is the Medical Council acting within the parameters of the Medical Practitioners Act? Is it right that the five complainant families be denied the right to the Report on the Inquiry and more importantly the conclusions/verdict reached by the Fitness to Practise Committee in the matter of the alleged professional misconduct of the doctor in question?

Is there any remedy open to the complaints whereby they might see justice done and the Medical Council show transparency and accountability in this particular Inquiry?