The operator and a director of a cosmetic enhancement clinic have brought High Court proceedings over the Medial Council's decision to investigate them over the employment of another doctor accused of inappropriately examining a female patient.
The action has been brought by the Dublin based RAS Medical Clinic trading as Auralia Cosmetic Clinic and Dr Ahmed Salman, who is the clinic's director and lead surgeon.
The clinic is located at the Parkwest Business Park, Nangor Road, in Dublin 12 where it provides cosmetic enhancement surgery.
Investigation
Last year the clinic was told by the Medical Council that it was investigating a complaint by a woman who was examined at the clinic by a male doctor, who at the time had been working at the clinic.
The woman claims that the during a consultation the doctor in question had conducted an inappropriate examination of her.
At the time of the alleged incident, it is claimed that the accused doctor was not registered with the Medical Council and was in the process of making an application to be included on the register.
It is also alleged that the doctor in question had failed to disclose to his then employer that he was facing ongoing disciplinary proceedings against him in California, where he had previously worked.
Allegation
Arising out of the investigation the other doctor was suspended from practising in Ireland after the Medical Council made an application to the High Court.
A complaint was also made against Dr Salman for allegedly engaging the other doctor while he was not registered with the Medical Council.
The council referred that complaint to its Preliminary Proceedings Committee (PPC) for investigation.
The allegation is denied by Dr Salman who says the employment of the now suspended doctor with the clinic had always been conditional on him being registered with the Medical Council.
He claims that the PPC decision to investigate an allegation against him is wrong and should be discontinued.
He also claims that persons on the Medical Council which referred the complaint against him to the PPC have also attended meetings of the PPC.
Natural justice
This he argues is in breach of fair and natural justice and denies him the possibility of receiving a fair investigation.
Dr Salman says the PPC also issued notices against him requiring him to provide it with certain details including details about the other doctor's employment. He claims that such notices are unreasonable.
Represented by Paul O'Higgins SC the applicants, in their judicial review proceedings against the Medical Council, seek various orders and declarations from the court.
They also seek orders quashing the PCC decision to issue certain notices under the 2007 Medical Practioner's Act to provide it with certain documentation relating to the other doctor's employment at the clinic.
The applicants also seek various declarations from the court, including that the PCC's decision to issue the notices breaches the requirements of natural justice.
The matter came before Mr Justice Charles Meenan, in an ex-parte application, on Monday.
The judge directed that the application for permission to bring the challenge be made in the presence of the respondents.
The judge also directed that the PPC be made a respondent to the proceedings.
The matter was adjourned to a date in April.
