Medical council decision against doctor found guilty of poor professional performance upheld by High Court
A High Court order noting an undertaking in 2014 by Cavan General Hospital Consultant Salah Aziz not to practice obstetrics or undertake surgery was vacated today by Ms Justice Deirdre Murphy.
Mr Aziz was the subject of an inquiry by the Fitness to Practice Committee of the Medical Council which found him not guilty of professional misconduct or poor professional performance on six out of seven allegations.
The committee, following a 25-day inquiry into allegations relating to the cases of three women and childbirth at the Cavan hospital between 2012 and 2014, found that one of the cases had amounted to poor professional performance.
Mr J.P. McDowell, solicitor acting for the Medical Council, told Judge Murphy that the committee held that Mr Aziz had failed to decide that immediate delivery of Patient C by emergency section was required at the Cavan hospital around April 26, 2014.
Mr McDowell, who appeared with J.P. Comerford, said the committee had recommended that a sanction be applied to Mr Aziz and the Medical Council had met to consider this in July last.
“The Council decided that the practitioner should be admonished in relation to his performance and that certain conditions should be attached to the retention of his name on the medical register,” Mr McDowell said.
He told the court that six conditions had been set out by the Council including that Mr Aziz practice for a period under the supervision of another consultant.
Mr McDowell said there had been no appeal to the Council’s decision and he was seeking, on behalf of the council, a court order confirming the decision of the council to attach the conditions to Mr Aziz’s name in the register.
He said the court had made an order in 2014 noting an undertaking provided by Mr Aziz the effect that he would not practice obstetrics or under take surgery pending the outcome of inquiries by the Fitness to Practice Committee.
Judge Murphy said she saw no good reason not to confirm the decision of the Council and did so in accordance with law.
She vacated the order regarding Mr Aziz’s earlier undertaking. She noted that the Council was not making any application for legal costs in the matter.