A SURGEON wrongfully suspended from his duties at Cavan General Hospital has secured an apology from the HSE, plus undisclosed substantial damages and costs, in a High Court settlement of long-running legal proceedings.
In its apology, the HSE said the suspension in 2003 of Pawan Rajpal, Oldtown, Cavan, was “totally unjustified”. The suspension was lifted in late 2004 by the Minister for Health and Dr Rajpal was reinstated in August 2005.
The dispute between Dr Rajpal and his employers arose from what a Supreme Court judge described in 2005 as “the very difficult relationship” which developed between him and consultant surgeon Dr William P Joyce, also attached to Cavan hospital.
Dr Rajpal in his statement of claim alleged that between February and August 2003, the chief executive officer of the then North Eastern Health Board purported to conduct an investigation into allegations made by Dr Joyce.
This led to Dr Rajpal being suspended without pay.
In May 2004, another High Court judge, while upholding Dr Rajpal’s challenge to the procedure adopted by the North Eastern Health Board in relation to setting up an inquiry into his case, refused to set aside the suspension. Dr Rajpal appealed that refusal and the Supreme Court later upheld the doctor’s appeal.
The suspension had been lifted in the interim by the Minister in December 2004.
Dr Rajpal later claimed, notwithstanding the lifting of his suspension by the Minister and repeated requests on his behalf, the HSE was interfering with his duties and was acting in breach of his constitutional right to work. The HSE denied allegations made by Dr Rajpal about the manner in which it had dealt with him.
Patrick Hanratty SC, for Dr Rajpal, told Mr Justice Daniel Herbert yesterday that matters had been resolved between the parties and he handed in a document with the terms of the settlement.
Under the settlement, Roddy Horan SC, for the HSE, read out an apology which stated: “On August 18th, 2003, Mr Rajpal was wrongfully and unlawfully suspended temporarily from his duties at Cavan General Hospital. The HSE admits this suspension was totally unjustified. It should not have occurred and is wholly regrettable.”
It continued: “The HSE also accepts and acknowledges Mr Rajpal was and is a person of the highest integrity and of exemplary reputation. The HSE also accepts that this unlawful suspension has had a very traumatic effect on Mr Rajpal in both his personal and professional life, particularly in the context of his career as a leading and respected consultant surgeon.
“The HSE recognises and acknowledges that at all times Mr Rajpal has and continues to carry out his professional duties with the utmost skill, integrity and honesty.”
The statement added that the HSE unreservedly apologised to Mr Rajpal and his family for the wrongful and unlawful suspension and for the upset and distress this had caused.