The Medical Council has decided not to appeal a High Court case concerning two of the three consultants who produced a report exonerating Dr Michael Neary.
In 1998 Professor Walter Prendiville, Dr John F Murphy and Dr Bernard Stuart were asked by the Irish Hospital Consultants Association to review a number of cesarean hysterectomies carried out by Michael Neary.
The three men found the disgraced obstetrician should continue working in the Lourdes Hospital, without sanction, pending any further inquiry.
A year ago the Medical Council found the three consultants guilty of professional misconduct for their role in producing the reports. However the council imposed no sanctions against the men.
Subsequently Professor Prendiville and Dr Murphy took a High Court case seeking to have the council's decision overturned. On 14 December last the court found in favour of the two men.
At today's special meeting of the council a decision was taken not to appeal the High Court ruling.
Patient Focus, the patient support group, says the decision by the council is incredible and according to a spokesperson it leaves the council open to further legal challenges by doctors previously found guilty of professional misconduct.