Global Law Experts Logo

Find a Global Law Expert

Specialism
Country
Practice Area

Awards

Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.

Supreme Court Finds that HSE Was Reasonable in Suspending Consultant

posted 1 year ago

The Supreme Court has recently considered the legal position relating to workplace suspensions in the case of Ray O’Sullivan v The Health Service Executive [2023] IESC 11. This was an appeal by the Health Service Executive (“HSE”) against the order of the Court of Appeal [2022] IECA 74 granting Professor O’Sullivan an order of mandamus terminating his suspension and reinstating him to his position as a consultant obstetrician and gynaecologist in St. Luke’s Hospital, Kilkenny, with immediate effect.

 

Facts: Professor O’Sullivan has been employed at St. Luke’s Hospital since 2006. In September 2018, Professor O’Sullivan conducted a “feasibility study” on five female patients during hysteroscopy procedures that they were undergoing. He had not sought or obtained the required ethical approval to undertake this study and the patients had not consented to this part of the procedure. The hospital authorities were not aware that he was carrying out this study and he used personal equipment rather than hospital equipment. A member of the nursing staff at the hospital raised concerns to senior hospital management and an external review was carried out.

 

The review concluded that the feasibility study had not been carried out ethically and in accordance with good clinical practice. However, it did not suggest that Professor O’Sullivan posed a risk to patients. A Systems Analysis Review (“SAR”) also concluded that there was no risk to patients. Hospital management then obtained the view of Dr Peter McKenna, Clinical Director of the National Women and Infants Health Programme. He expressed concerns about Professor O’Sullivan continuing in practice.

 

Continue reading here

Author

Find the right Legal Expert for your business

The premier guide to leading legal professionals throughout the world

Specialism
Country
Practice Area
LAWYERS RECOGNIZED
0
EVALUATIONS OF LAWYERS BY THEIR PEERS
0 m+
PRACTICE AREAS
0
COUNTRIES AROUND THE WORLD
0

Join

who are already getting the benefits
0

Sign up for the latest legal briefings and news within Global Law Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.

Naturally you can unsubscribe at any time.

Newsletter Sign Up

About Us

Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.

Contact Us

Stay Informed

Join Mailing List

GLE