O'Sullivan v Health Service Executive (Unapproved)

NO REDACTION NEEDED��������������������������������������������������������������������������������� ���������������������������������������������������������������������������������������������������������������������������� Neutral Citation Number [2022] IECA 74

In gynaecological practice, a speculum is a rigid instrument used by clinicians to facilitate clinical examination of the vagina, cervix and female pelvic organs.� The use of a speculum can be uncomfortable for the patient and Professor O�Sullivan has for some time had a special interest in the development of alternative methods for such examinations that do not involve the use of a traditional speculum with a view to minimising discomfort.�

On the 4 th and 5 th September, 2018, five women attended St. Luke�s Hospital to undergo hysteroscopy procedures, two of which were done under general anaesthetic.� The hysteroscope is a thin tube with a light and camera at the end which is passed through the vagina and enables the clinician to visualise the interior of the uterus.�

Following receipt of this review, the hospital authorities considered that it would be necessary to make an open disclosure to each of the five affected patients.� These open disclosure meetings were conducted on the 10 th and 11 th October, 2018.� Professor O�Sullivan was not present, nor was he informed that the meetings were taking place.� The meetings were conducted by Professor Courtney, an aspect of the process to which Professor O�Sullivan has taken considerable exception given the strong animus that existed between the two men.

Although the instructions given to Professor Doran and Ms. Brennan in carrying out their review are not known, it is relevant to note that despite various significant criticisms made by the review of the conduct of the feasibility study by Professor O�Sullivan, at no stage is it suggested that he presented a risk to patient safety.