TWO locum obstetricians who were sacked last year from their posts at Caithness General Hospital have welcomed a ruling which could help them clear their names.

Dr Kazimierz Dabek and Dr Michal Samberger were dismissed by NHS Highland eight months ago after concerns were expressed about their clinical practice. But, in a significant development, the General Medical Council found that the health authority could not substantiate its claims.

In a letter to the Polish consultants, Fiona Garry, investigations officer for the GMC's Fitness to Practice Directorate, stated: "NHS Highland were unable to provide us with any information to support their allegations that your clinical competence was impaired or below expected standards. There was no evidence that patient safety had been compromised or that any patients had complained."

She added: "It was noted that some of the concerns of NHS Highland were in respect of difficulties which were due, in part, to cultural and procedural differences. As you had not worked in the UK previously, you could not be expected to fully understand and operate within the protocols of the NHS without additional support."

The GMC concluded that action on the consultants' registration could not be justified, which effectively means they will be able to work in the UK.

NHS Highland and the Department of Health were among the parties notified about the ruling.

The decision was welcomed yesterday by the consultants, who have vowed to fight the allegations ever since they were sacked in August 2004.

Dr Dabek said: "I am very happy.

This is the first step in my attempt to clear my name and I feel much better now. It is also important for former patients in Caithness who can now feel confident again."

But Dr Dabek, who felt his career had been ruined because of what happened to him, wants an apology from NHS Highland and the withdrawal of the letter that was sent to health authorities throughout the UK.

He said he had found it almost impossible to get a job not only in Britain but anywhere in the world following his sacking because the details of the case were on the internet.

Dr Samberger - who, like his colleague, was speaking from Poland - said: "This is very good news."

He endorsed Dr Dabek's sentiments and agreed it was the first step in the battle to clear his name.

"I did not do anything wrong. I tried to do only my best, " he told the John O'Groat Journal yesterday.

Dr Samberger also wants an apology from NHS Highland and said that he too has found it very hard to get work since his dismissal from his post at Caithness General Hospital.

He described his financial position as "catastrophic" and said the past eight months have been difficult but added that he would like to work in the UK again.

Bill Fernie, of the North Action Group - which was set up to oppose the downgrading of the consultant-led maternity unit at Caithness General - said he was "very pleased" with the General Medical Council decision.

"The no-case-to-answer has been proved as the GMC found that NHS Highland could not provide evidence to support their allegations. That means the consultants could have been practising in Caithness all along, " he said.

"We are often told that it is difficult to recruit consultants to this area, but here we had two doctors who wanted to work in the North and we lost their services because of claims which have not been substantiated."

Mr Fernie, the Highland councillor for Wick West, said he was "dismayed" by what had happened to the two consultants and was concerned that the case could make it "extremely difficult" to attract similar staff to the area in the future.

Mr Fernie said the decision to sack the locum obstetricians had affected their careers and put both men under considerable stress over many months. He argued that NHS Highland should apologise to the consultants as it had handled the matter very badly.

"To allow the case to go to the GMC with no evidence is appalling, " he added.

Frank Lefevre, of Quantum Claims - the firm representing both consultants in their unfair-dismissal claim - said the GMC decision could be of "huge importance".

"This is the first ray of light for them in many months, " said Mr Lefevre, whose firm has offices in Aberdeen, Inverness, Glasgow, Dundee and Edinburgh.

He explained that the employment tribunal is expected to go ahead in August but indicated that civil action is also being contemplated against NHS Highland.

NHS Highland spokesman Chris Meecham would make no comment on the GMC ruling. "It is not appropriate for us to make any comment on issues which are still subject to an ongoing legal process before the employment tribunal, " he said.

Dr Dabek and Dr Samberger were sacked from their posts at the Wick maternity unit just weeks after coming to Caithness following concerns about the standard of their clinical practice.

But they strongly denied the claims and felt their dismissals were "completely unjustified".

As previously reported, Dr Dabek vowed to clear his name and pointed out that he had 24 years of experience in obstetrics and gynaecology, having worked in his native Poland as well as in Zambia and Botswana. "In all that time, I had no complaints from staff, from colleagues or from patients, he told the John O'Groat Journal in September last year.

Speaking shortly after his sacking, Dr Samberger, who has been a consultant for more than 20 years and worked in Poland, Zambia and Kuwait, claimed he was "a scapegoat for NHS Highland".

He said the way he was treated had impaired his reputation as a doctor and damaged his good name, and could place a question mark over his professional future.

At the time, Dr Samberger accused health bosses of acting in a premeditated way to try and downgrade the consultant-led maternity unit at Wick.