The High Court has overturned a finding by the Irish Medical Council of professional misconduct against two consultant obstetricians linked to the case of Dr Michael Neary.
Prof Walter Prendiville and Dr John F Murphy had been found guilty of professional misconduct by the Medical Council for their role in a report on the disgraced obstetrician in 1998 which was carried out by them and a third consultant.
Their report cleared Dr Michael Neary of any wrongdoing pending a formal inquiry after reviewing nine of his caesarean hysterectomy cases.
However, a High Court judgment today found that the procedures used by the Medical Council and its Fitness to Practice Committee were unfair to both consultants.
The court heard that the three consultants, who prepared the report on Dr Neary in 1998, were given 72 hours to submit it.
They did not have any experience in preparing such reports.
There were no rules or templates to follow and it was carried out in an industrial relations context.
The court heard that the findings of professional misconduct had a profound effect on both men who had up until then highly distinguished careers in their fields.
As a result, Dr Murphy stepped down from his position as President of the Royal College of Physicians of Ireland, while Prof Prendiville's teaching position in the Royal College of Surgeons was placed under review.
The President of the Medical Council, Dr Colm Quigley, says the council is currently examining the High Court decision.
