A consultant neurosurgeon has lost his appeal against a High Court decision upholding a Medical Council finding that he was guilty of professional misconduct.
Mr Sean O Laoire, Dublin Road, Sutton, Co Dublin, attempted to overturn his suspension for professional misconduct in the High Court in 1995.
The High Court upheld the findings of two inquiries by the council's fitness-to-practise committee, which had imposed 18month suspensions in each of the hearings. The court reduced this to nine months.
The Supreme Court appeal only related to a letter written by Mr O Laoire in February 1990. Mr Justice Murphy, giving the principal judgment yesterday, said this matter concerned in particular the relationship between three neurosurgeons - Mr O Laoire, Mr Jack Phillips and Mr Padraig O'Neill - who were working in Beaumont Hospital, Dublin.
Following Mr O'Neill's departure, Mr O Laoire disclaimed competence to operate on five young patients. . Some, he suggested, should be referred to Mr O'Neill and others to hospitals abroad.
It was contended the treatment of these patients was well within his competence and failure to do so amounted to professional misconduct. This was the subject of one inquiry by the council. It found there had been misconduct and he should be taken off the medical register for 18 months.
The other area of dispute was a letter written by Mr O Laoire in February 1990 to Mr Denis McCarthy, the substitute chairman of Beaumont Hospital. In it, Mr O Laoire stated: "There is currently ample proof of my views in the toll of unnecessary human misery amongst the relatives of children who have recently undergone neurosurgical intervention, and there can be no doubt but that the financial consequences to Beaumont Hospital which will arise as a result of the justifiable action of dissatisfied parents will reach well into seven figures, and I refer only to cases currently in Beaumont Hospital . . ."
Mr Justice Murphy yesterday said the High Court judge had found there was not and never had been a scintilla of evidence to justify Mr O Laoire's statement.
Mr Justice Murphy said there had been ample evidence beyond all reasonable doubt that the allegations were made out.