When the North Eastern Health Board took over Our Lady of Lourdes Hospital in Drogheda from the Medical Missionaries of Mary in 1997, it has emerged, it also took on liability for any claims which might be brought against the hospital arising out of care given to patients in previous years.
The board's chief executive officer, Mr Paul Robinson, told a meeting of board members in Kells yesterday that the hospital was taken over "as a going concern" and he acknowledged that at the time "there were certain reservations about liability".
However, the deal was done.
Mr Paudge Connolly TD, a board member, raised the issue of liability, saying he wanted to know if the Medical Missionaries of Mary would be making some contribution to addressing the hurt done to women whose lives had been "destroyed" by the professional misconduct of the former consultant obstetrician, Dr Michael Neary, who worked at the hospital from 1974 to 1988.
Dr Neary was recently struck off the medical register after a Medical Council fitness-to-practise committee found him guilty of professional misconduct over the removal of 10 patients' wombs.
One woman, Ms Alison Gough, from Ardee, Co Louth, who took an action for damages against Dr Neary and the hospital was awarded €223,000 earlier this year. Up to 100 other cases are pending.
Mr Robinson said that in Ms Gough's case the award was made fully against Dr Neary's insurers, adding: "Whether this can be seen as how it will go in the future I don't know".
Last evening Mr Connolly said it was "nothing short of foolhardy" of the health board to have taken on such historic liabilities, given the concerns at the time. The fact that the health board could be sued reflected badly on it, even if it was not responsible for the hospital for the period claims related to.
Furthermore, an inordinate amount of the board's time was taken up with dealing with the issue, and time cost money, which was already scarce, he said.
The meeting also heard calls for a public inquiry into the Neary affair. Mr Caoimhghin O Caolain TD said the inquiry should focus, not alone on Dr Neary, but on the regime in place at the hospital and see if there had been a culture of secrecy or fear there in the past. Complaints against Dr Neary dated back several years and he wanted to know why nobody blew the whistle on him until 1998.
He sought assurances from management that services at the Drogheda obstetrics unit were now of the highest standard.
Dr Alf Nicholson, a consultant at Our Lady of Lourdes Hospital, said it was important to stress that the hospital and its maternity unit were very different now from when Dr Neary worked there. There were now audits and regular reviews.
He felt a great deal of sadness and sympathy for the victims of Dr Neary, but that the findings of the Medical Council's report had had a significant impact on the hospital and its staff.
Ms Nancy Allen, a nurse at the hospital, told the meeting staff badly needed all the help and support available "in these difficult times" to enable them give patients the best possible service.
Mr Robinson said the Drogheda obstetrics unit was now being audited by risk managers to ensure practices there were in accordance with international best practice.