Obstetrician Dr Michael Neary has lost a High Court attempt to stop a Cavan woman suing him for wrongfully removing her left ovary.
Rosemary Cunningham of Corlea in Kingscourt, is suing Dr Neary and representatives of the Medical Missionaries of Mary who ran Our Lady of Lourdes Hospital in Drogheda and the North Eastern Health Board.
The defendants claimed Mrs Cunningham's action was statute barred.
Dr Michael Neary removed Mrs Cunningham's left ovary in August 1991 after she had been admitted to hospital with an ectopic pregnancy.
The preliminary proceedings before the High Court centred on whether Mrs Cunningham could still bring her claim. She said she only knew in April 2001, when she read a report from a UK medical expert, that her ovary was unnecessarily removed.
Plaintiffs have three years from the time of knowledge of an alleged negligence in medical cases to bring proceedings.
Mr Justice O'Caoimh was satisfied that she did not have the necessary knowledge that an unnecessary procedure had been performed.
Several women are involved in litigation against Dr Neary, many of whose cases are affected by the Statute of Limitations.
