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Dublin judges refusing to accept medical reports by Co Down doctor in compo cases

Medic says he is the victim of a “character assassination”

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Judges in personal injury claims in Dublin are repeatedly refusing to accept medical reports by a Belfast-based doctor who “will not make himself available to be cross examined” and is not licensed to practice medicine in the Republic.

However, Dr Rahul Gupta, the orthopaedic specialist who lives in Co. Down, told the Sunday World this week that he doesn’t bother travelling to court in Dublin to give evidence as he is only offered €50 to do so and his time is worth “€3,000 at least in cash plus VAT” .

He added he will appear if they pay him “appropriate fees”.

Dr Gupta, who has been criticised several times this year in Dublin courts, says he has been the victim of “character assassination” and while he agrees he needs to be licenced here to treat patients, he does not feel he needs to be licenced to give an opinion.

A judge at an unsuccessful €60,000 personal injury claim at Dublin Circuit Court last month said he was going to ignore any medical reports by Dr Gupta, saying: “I am aware of issues around him.”

That claim, which was taken by Dublin woman Celina Merriman for a fall in a toilet of a nun’s house where she was working, was dismissed after she admitted under cross examination that the incident took place a week later than she had claimed in her case.

During the case, defence barrister Shane English said of Dr Gupta: “He practices medicine in Northern Ireland.

“He is not entitled to practice as a doctor in this jurisdiction. He is a swearing doctor who sees patients in batches. He will not make himself available to be cross examined.”

On websites where Dr Gupta offers his services as an expert witness, he says his “charge for a fixed price Medco ortho report is £300 plus VAT.”

He adds that for non-fixed price reports he will quote on a case-to-case basis. Dr Gupta says he is willing to travel if there are 10 or more clients.

The Celina Merriman case was not the first time barrister Shane English had brought up the doctor in court in Dublin.

In April, at an assessment of damages hearing, he referred to Dr Gupta being unlicenced to practice in the Republic in a personal injury claim taken by solicitor Ciaran Mulholland, who at the time was working for Fahy Bambury Solicitors, against a fruit Importer.

Mr Mulholland told Mr English that he had gone to Gupta on the advice of Mr Fahy not to be medically examined but to receive medico-legal reports for his case.

“You went to Dr Gupta who practices in the Lagan Valley Hospital in Belfast and who is not licensed to practise in this jurisdiction,” Mr English told Mulholland.

Mr Mulholland said Mr Fahy, on behalf of his firm, had been dealing with several accidents at the time and had suggested he go to Dr Gupta.

After Mr Mulholland admitted going to Dr Gupta for a report and not for medical advice, Mr English said he had gone to a doctor who had previously failed to show up in court as a witness on a number of occasions.

Mr English said: “He doesn’t show up, writes a report and does not give you any treatment, isn’t that, right?”

Mr Mulholland agreed. ​

Mr English asked how without examining him it was possible for Dr Gupta to provide three medical reports. Mr Mulholland said they were ‘legal-medico’ reports.

The plaintiff was awarded €4,000.

In a separate case in May, Judge James O’Donohoe said in the Circuit Civil Court that he was not accepting the report of Dr Gupta after being informed the medic was not licensed to practise here.

Dr Gupta had provided what was described as a medico-legal report for Oisin Fallon (20), of Riverside Drive, Clonshaugh, Dublin 1, who was seeking up to €60,000 in relation to a minor collision between his motorbike and a car.

Mr English told the court Mr Fallon had been sent to Dr Gupta by his Northern Ireland legal advisers, Gary Mathews Solicitors.

Mr Fallon agreed in cross-examination he had attended his solicitor days after the collision and before seeing his GP, who was based in Artane. He had been directed by his solicitor to see Dr Gupta. The plaintiff was awarded €2,300.

The Sunday World contacted Dr Gupta this week about the criticisms which he claimed were unjustified.

“On one hand, my negligence reports are accepted by the courts in Ireland, but my personal injury reports are not. This would be double standards,” he claimed.

“I am a British subject and at the time the reports were done, I was a European citizen.

“I did not need a degree from Ireland to give an opinion.

“I understand I do need a degree from Ireland to practice or prescribe medication.

“I am able to give an opinion anywhere in the world without a degree in that jurisdiction based on my experience in the centre of excellence you know as Royal Hospital Belfast.”

He said he was currently taking a defamation case against an insurer for what he described as “my character assassination, without even the benefit of the interview”.

Speaking about his alleged refusal to make himself available to courts in Dublin, he said he was not offered enough money to appear.

“Fifty euro is thrown at me to appear in Dublin. Different barristers charge €3,500 per day for an appearance. I have to apply for an annual leave. My annual leave per day is worth €3,000 at least in cash plus VAT to me. I will appear if they pay my appropriate fees.”

Dr Gupta offers his services on a website called the National Witness Expert Agency – a UK website which charges expert witnesses an annual fee to offer their services.

On the website he says he is an Associate Specialist in Orthopaedics and Trauma.

​ He says he has written “2000+” reports in the past two years but has only attended court twice.

He also tells potential customers: “I am happy to travel if there are 10 or more clients to examine. I do charge extra if there are more than 50 pages of medical notes to read. My current waiting time for appointments is 4-6 weeks.

“I am prepared to undertake home visits. I am prepared to travel up to 50 miles to do this but there will be an extra charge.”