HSE acted fairly when suspending consultant gynaecologist following complaints, Supreme Court rules

However, the HSE sought to have one issue that arose out of the litigation determined by the Supreme Court. This concerned the fairness of its decision to suspend Prof O’Sullivan and to recommend to a Ministerial committee that he be dismissed.

This evidence included allegations that there was an absence of consent from the patients who were the subject of the study, the lack of ethical approval for the procedure and the use of non-hospital equipment in the course of the procedure, the judge said. He said the HSE had a ‘bona fide’ view that the behaviour of Prof O’Sullivan gave rise to an immediate and serious risk to the health, welfare and safety of patients or staff and that he should be suspended.Mr Justice Peter Charleton and Ms Justice Marie Baker concurred with the majority decision.

Mr Justice Woulfe also found that the HSE came to a conclusion regarding Prof O’Sullivan that no reasonable decision-maker could ever come to.

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