Courts / Dublin / Report

Supreme Court upholds decision to dismiss finding of poor professional performance against distinguished paediatrician

Date
2015-02-04

Stage
Hearing Or Decision

Court
Aodhan O'Faolain The Supreme Court

Primary locality
Crumlin

County
Dublin

Summary

The Supreme Court has unanimously dismissed an appeal by the Medical Council, upholding a High Court decision that overturned a finding of Poor Professional Performance (PPP) against Professor Martin Corbally, a distinguished consultant paediatrician. The case originated from a 2012 Fitness to Practise Committee decision where Professor Corbally was admonished for an error in his notes concerning a procedure for a two-year-old patient at Our Lady's Hospital Crumlin. Although he delegated the surgery to another doctor who performed an incorrect tongue-tie procedure instead of the required upper labial frenulum, Professor Corbally subsequently performed corrective surgery, and the child made a full recovery. In November 2013, Mr Justice Kearns in the High Court ruled that the error stemmed from hospital systems failures, specifically a computer menu limitation, rather than individual negligence. The Supreme Court, led by Chief Justice Hardiman, affirmed this view, stating the lapse was not serious and did not cause damage. The court's judgment provides the first judicial interpretation of PPP under the 2007 Medical Practitioners Act, clarifying that such findings require a serious lapse rather than a minor, non-causative error. This decision has significant implications for the regulation of medical professionals in Ireland.

Who, what, where, when and why

What: Report matter: Supreme Court upholds decision to dismiss finding of poor professional performance against distinguished paediatrician. Procedural stage: hearing_or_decision

When:

November 2013 Hearing Or Sentence
2015-02-04 Publication

Why: Because the 2007 Act allowed for no appeal against a sanction imposed for PPP, it was appropriate to read the Act as requiring a single lapse or offence must be "serious", he said. CNI source report