Courts / Kilkenny / Report

Gynaecologist who denies unauthorised procedures can return to work immediately

Date
2022-03-25

Stage
Appeal

Primary locality
Kilkenny

Summary

The Court of Appeal has ruled that Professor Ray O'Sullivan, a consultant gynaecologist, can immediately return to work after being suspended for over two years. The three-judge panel, led by Mr Justice Seamus Noone, ordered that his suspension be lifted and he reinstated with immediate effect. The court found that the HSE should have ended his suspension in 2019 when a report identified no patient safety concerns. The judge criticized the "deliberate leaking" of confidential information to the media, which amplified reputational damage, and noted the investigation was not proceeding expeditiously. However, the appeal court upheld the High Court's finding that the HSE was entitled to recommend Prof O'Sullivan's dismissal to the Ministerial Committee. Prof O'Sullivan, who denies all allegations, faces claims that he performed unauthorised procedures on five female patients in September 2018 without consent or ethics clearance. He was placed on administrative leave in August 2019. The court awarded him costs for the High Court and appeal hearings. A separate judicial review challenging the HSE's December decision to keep him on leave remains pending and is scheduled to return before the High Court in May.

Who, what, where, when and why

What: Report matter: Gynaecologist who denies unauthorised procedures can return to work immediately. Procedural stage: appeal

When:

August 2019 Other
September 2018 Hearing Or Sentence
2022-03-25 Publication

Why: He claims the investigations against him were flawed because he has been an "outspoken advocate for patients' rights and in particular pregnant women" and has made public remarks critical of St Lukes' management. CNI source report