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The Court of Appeal, on appeal from the High Court, has dismissed a challenge by a consultant surgeon to a decision placing him on administrative leave pending an investigation into the care provided to two patients, rejecting the surgeon's claim that the decision was irrational and contrary to fair procedures. The original High Court ruling restrained the Health Service Executive (HSE) from continuing the surgeon's administrative leave, but this was overturned on appeal. The surgeon's failure to disclose a criminal charge and bail conditions related to an alleged sexual assault, as well as presenting misleading information to the court, were significant factors in the Court of Appeal's decision.
Administrative leave, consultant surgeon, patient safety, investigation, Health Service Executive (HSE), Court of Appeal, fair procedures, criminal charge, sexual assault, bail conditions, misleading information, SAR reports, patient care, judicial review, Mills 1 investigation, Mills 2 investigation, interlocutory injunction, balance of justice, clean hands principle.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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