An executive at Tallaght Hospital is seeking to restrain the reopening of an investigation into “historic” complaints from a whistleblower which he alleges has been prompted by the Minister for Health’s intervention.
John O’Connell, who was acting chief executive at the hospital between 2010 and 2011, claims emergency medicine consultant Dr Jean O’Sullivan made a complaint to the Minister in late 2014 claiming victimisation because she was a “whistleblower”.
Her complaints, which Mr O’Connell thought were “dead and buried for over two years”, include that he failed to support advocacy on behalf of patients, the High Court heard. Other complaints included allegations of bullying, whistleblower intimidation and perversion of a coroners court.
Mr O’Connell claims the Minister’s intervention, and “apparent elevation” of Dr O’Sullivan’s complaints, made in 2011, has moved the hospital to investigate the matters “rather than making the balanced assessment” he would expect.
“Targeted and specific” newspaper reporting about the issue underlines the extent of the breach of the hospital’s own procedures, he added.
Mark Connaughton SC, for Mr O’Connell, secured leave from Mr Justice Paul Gilligan to serve short notice of his application for injunctions.
Mr O’Connell’s concern was not about what was alleged, which he denies, but that the hospital intends to proceed contrary to an agreement and his rights to fair procedures.
The complaints from three emergency department (ED) consultants were made over an eight month period between 2011 and 2012, counsel said, but two had not pursued their issues.
Mr Connaughton said his client believed he had resolved other issues with the hospital in an agreement but now learned it was proposed to recommence this, “unfortunately by ministerial intervention”.
There was “unwarranted and prejudicial” delay by the hospital going back years in processing the complaints, it must satisfactorily deal with his grievance and in the interim cannot proceed, counsel said.
In an affidavit, Mr O’Connell, now executive director of human resources at the hospital, said management and emergency department consultants had a “strained” relationship for a number of years”.
Management of a large hospital such as Tallaght is “very challenging” but, despite such challenges, he had enjoyed a very professional and pleasant working relationsip with ED consultants and sucessfully resolved various issues.
A March 2011 email from Dr O’Sullivan to the medical director, issued after the death of a patient in the ED, stated she could not be “indifferent” to neglect of patients, he said. That caused huge disquiet among medical staff and at a later meeting with Dr O’Sullivan and others, patient safety was discussed.
The complaints against him were resolved under an agreement between himself and the hospital in July 2014 which said the claims were “out of time” and not lodged in line with its procedures, he said.
Mr O’Connell said he was later told by Tallaght Hospital chief executive David Slevin, as a result of the matter being “escalated to the Minister” last December, the hospital board’s chair and former chief executive were in an “extremely embrassing” position and investigation into the complaints would commence.
He reminded Mr Slevin there was a “legal agreement” from 2014 about those complaints but Mr Slevin responded that was “just words, or something to that effect”, he said.
On October 20th last, the chief executive gave him a 300 page folder, told him he had seven days to respond and said about five times he was “not out to get me”.
