Surgeon's action against HSE over standard of care investigation adjourned

A consultant surgeon's High Court action against the HSE arising out of an investigation into multiple allegations concerning the standard of care he provided to patients has been adjourned following talks between the parties.

Surgeon's action against HSE over standard of care investigation adjourned

A consultant surgeon's High Court action against the HSE arising out of an investigation into multiple allegations concerning the standard of care he provided to patients has been adjourned following talks between the parties.

The action has been brought Dr Declan Buckley, a gastrointestinal surgeon based at the Regional Hospital, Mullingar, Co Westmeath who has sued the HSE arising out of a decision taken in April 2017 to place him on administrative leave with full pay.

Dr Buckey, represented by Patrick McCann SC, objects to the decision to place him on administrative leave, and rejects any claims made about the standard of care he has provided to his patients.

The consultant surgeon claims he has been denied fair procedures and that the HSE has acted in breach of contract by putting him on administrative leave.

Dr Buckley, who has not worked since being placed on administrative leave, fears for his reputation and professional standing as well as becoming deskilled.

The HSE, represented by Peter Ward SC, denies the claims.

The HSE says the decision to put Dr Buckley on administrative leave was a precautionary one, not a disciplinary sanction nor an indication of guilt and was taken after complaints were made about the standard of care provided by Dr Buckley.

The allegations include that his delivery of care to several patients allegedly resulted in complications and poor outcomes that were above an acceptable limit.

The case, which is expected to take several days to hear, came before Mr Justice Tony O'Connor today.

However, at the request of the parties, the judge adjourned the case to allow talks to take place. The matter is due to be mentioned before the court tomorrow morning.

Last year, the High Court dismissed an application by Dr Buckley for an injunction restraining the HSE from investigating him to be put in place pending the outcome of his action.

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