Eye surgeon charged with performing surgery despite practice restrictions – The Irish Times
A disciplinary hearing has started against a UK-based eye surgeon accused of performing cataract surgery in England at a time when his practice was limited to non-clinical work.
Dr Arthur Nylander, who is registered to work in Ireland, is also facing allegations that he failed to inform the Irish Medical Council of disciplinary proceedings and sanctions against him in another jurisdiction.
Allegations of professional misconduct and poor job performance are heard by the Medical Council’s Fitness to Practice Committee, sitting online.
At a hearing on Thursday, Dr Nylander’s lawyer, Dr Toyin Ogunsanya, said the allegations against his client related to events that took place “far back” in 2013 and 2014, which were the subject of “a thorough investigation” by the General Medical Council of the United Kingdom.
Dr. Nylander has since been cleared by the GMC to practice without conditions. He was unable to attend Wednesday’s hearing because he was working.
Dr Ogunsanya said Dr Nylander admitted the allegations at a GMC hearing and was suspended at the time. He claimed there was a subsequent agreement between Dr Nylander and the Irish Medical Council that sanctions imposed by the GMC in England would automatically be ‘mirrored’ by the Medical Council here.
It was ‘manifestly inappropriate’ for the Medical Council to bring proceedings against Dr Nylander after 10 years when most of the allegations against him had been admitted and corrective action had been taken, he argued. .
The fitness to practice hearing should be about Dr. Nylander today, not about what happened 10 years ago. “We are all human and we all make mistakes, but those were dealt with by the GMC,” he told the hearing.
Eoghan O’Sullivan, for the Medical Council’s chief executive, said only some of the allegations currently facing Dr Nylander had been investigated by the GMC in Britain. He denied that the Medical Council entered into an agreement of the type described with Dr Nylander regarding the GMC process.
He said it was not unusual for the Medical Council to consider issues that had been referred to regulators in other countries.
Dr Ogunsanya argued that the hearing should not take place because his client understood that the agreement he had reached with the Medical Council covered all the allegations he had made.
Legal Assessor Patricia Dillon SC said the allegations against Dr Nylander were very serious and involved allegations of dishonesty. The request not to open the hearing was made “very late in the day”, but it was important.
After a break to consider submissions, committee chair Paul Harkin adjourned proceedings until a date within the next two weeks when full evidence will be heard at Dr Ogunsanya’s request.