A consultant surgeon’s action against the HSE arising out of an investigation into multiple allegations concerning the standard of care he provided to patients has been adjourned to allow for implementation of a settlement agreement.
Dr Declan Buckley, a gastrointestinal surgeon based at the Regional Hospital, Mullingar, Co Westmeath, took the High Court case arising out of an April 2017 decision to place him on administrative leave with full pay.
He rejects claims about the standard of care he has provided to his patients and objected to being put on administrative leave. He claimed he was denied fair procedures and the HSE acted in breach of contract by putting him on administrative leave.
Dr Buckley also feared for his reputation and professional standing as well as becoming deskilled, the court previously heard.
The case was due to open on Wednesday but was adjourned to allow for talks between the parties.
On Thursday, Mr Justice Tony O Connor was told by Patrick McCann SC, for Dr Buckley, that the case had been settled subject to certain approvals being agreed. On that basis, the case could be adjourned to mid-June, counsel added. No details of the settlement agreement were given.
Peter Ward SC, for the HSE, said his side consented to the adjournment. Had the case proceeded, it would have raised complex issues and would have been lengthy, he said.
In its defence, the HSE claimed the decision to put Dr Buckley on administrative leave was a precautionary one, not a disciplinary sanction nor an indication of guilt, and was taken after complaints were made about the standard of care provided by him.
The allegations include that his delivery of care to several patients resulted in complications and poor outcomes above an acceptable limit.
The High Court dismissed an application last year by Dr Buckley for an injunction restraining the HSE from investigating him pending the outcome of his action.