Justice for Michael Daly
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Our Dad Michael Daly passed away 7th April 2010, his death was untimely, we called the Gardai to the hospital when our Dad passed away and asked for an autopsy and an inquest into his death as we had become suspicious about the care he did and did not receive.
Because of the testimonials of others, Limerick Coroner at Inquest had to call a verdict of natural causes due to being given misleading information as we now know.
We disagreed with this verdict and I set about investigating our Dad's death and after 4yrs I compiled an overview of what I say happened our Dad which was no where near the offical cause of death we had been given, this was backed by international experts and upon receipt of their reports, I contacted the Coroner of Limerick and after receiving some documents from university hospital Limerick that was not available to us at the 1st Inquest That I showed the coroner he agreed to a 2nd fresh new Inquest, which is pending and will commence after the Gardai case is finished.
Subsequently I made a detailed complaint to An Gardai Siochanna and after a year with them they decided to open an investigation into our Dad's death and with senior detectives assigned to the case with an incident room set up and with the appointment of the state pathologist Dr. Marie Cassidy, and this investigation is ongoing and we are very happy with how An Gardai Siochanna are handling this.
I was also successful in having the HSE appoint a world renowned Colo Rectal Expert for an external review into the care provided to our Dad, and I also made a complaint to the irish Medical Council of Ireland in 2013, they took 3 years to investigate and decided in Oct 2016 to bring this case to a full fitness to practice inquiry on grounds of poor professional performance the case being sufficiently serious.
From October 2016 to March 2018, preparations were under way for the inquiry, with myself being prepped as a main witness, suddenly in March I received an email asking me to come to Dublin and without getting into explanations for legal reasons, I was told that the inquiry was being struck out.
Our family do not accept the reason given and neither does many other Professionals on this case.
We find it extraordinary that a complaint (about a consultant surgeon) that has been with the Medical Council of Ireland for 5yrs now and after being sent forward to a fitness to practice inquiry can be struck out at the 11th hour so to speak, especially considering that the Medical Council of Ireland knows that there is a criminal investigation ongoing by An Gardai Siochanna and a 2nd new Inquest ordered by Limerick Coroner John McNamara, and also an external review by the HSE with appointment of a world renowned Colo Rectal Expert, and that the Medical Council of Ireland is about to strike out this case on the 12th of April 2018.
If they do strike out the case, we will go to the high court for a judical review of their decision and hopefully we will have that decision overturned and that the inquiry will go ahead.
I have been given a last opportunity to write to the fitness to practice committee before they rule on a strike out, I have sent contradictory evidence to them about what this offending doctor has said in his statement to them, there is even a colleague of this offending doctor who has given contradictory evidence against this doctor, and if they do not go to a fitness to practice inquiry considering all the evidence and facts before them, and with consideration given that this man died in a hospital and that the Gardai are involved and with a 2nd inquest ordered, it beggers belief that the Medical Council of Ireland has decided to strike out this case.
We have now decided to go public on this decision of the Medical Council of Ireland and attend their headquarters in Dublin on the morning of the 12th of April 2018 the day they meet to discuss striking out the case, to peacefully protest at any decision to strike out this case.
There should not be a strike out of this case.
UPDATE AS OF FRIDAY 27th April 2018
Having peacefully protested outside the Medical Council of Ireland offices, and after being contacted by a number of people, and due to a second complaint being made to the Medical Council of Ireland regarding the same doctor by another member of the public, who is not known to my family and I, we awaited a decision from the Medical Council of Ireland and on Monday 16th April 2018 I was informed that the inquiry will go ahead and will commence on the 14th May 2018, however the CEO of the Medical Council of Ireland Mr Bill Prasifka has decided that - 1: The hearing will take place in private and that I myself is not allowed to attend, it seems only the doctor who this complaint is about is allowed along with his legal team.
And - 2: The CEO of the Medical Council of Ireland Mr Bill Prasifka will NOT be calling any expert witness evidence nor will he be calling any evidence from witnesses such as myself and others.
We feel that this is just the Medical Council of Ireland continuing with procedure and the Complaint against the doctor in relation to the awful death of our father Michael Daly (RIP) will be struck out.
But we shall never give up, and we shall respond with a judicial review if the decision made by the Medical Council of Ireland Mr Bill Prasifka to the Fitness to Practise Committee to strike out this case is accepted by the Fitness to Practise Committee.
UPDATE AS OF THE 31ST OCTOBER 2018
The Medical Council of Ireland DID strike out our Dad's case on May 15th 2018.
We took the case to the High Court for Judicial Review proceedings against the Irish Medical Councils decision to throw out the case
The Judicial Review is on 27th November 2018
Let's hope we are successful.
Also, An Gardai Siochanna have completed the Criminal Investigation and a file has been se t to the DPP.....
Let's hope Justice is done.
We have made enquires to government officials who has confirmed to me that the queries that I sent them will be examined and we are hopeful of a review by the government, of this case and all agencies concerned and the decisions they made during their investigation process.
Please sign this petition in solidarity with us in getting justice for our Dad.
Thank you very much, Mike Daly.
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