Patient Focus has expressed shock at the news that two of the three consultants found guilty of professional misconduct after exonerating former obstetrician Michael Neary are to seek leave for a judicial review of the Medical Council's decision.

Professor Walter Prendiville of the Coombe Hospital and Dr John Murphy of Holles St Hospital initiated High Court proceedings on Monday.

The case is due to be heard by the President of the High Court on 12 March.

RTÉ News has learned that the two consultants are taking the action on the grounds that existing legislation governing the Medical Council does not allow for an appeal in a case where a doctor is found guilty of professional misconduct but no sanctions have been imposed as a result of that finding.

The Medical Council says it will defend the proceedings vigorously.