legal action against the Bermuda Hospitals Board.

But Government could be set to amend Human Rights legislation which would make mandatory retirements illegal.

Dr. G.B. (Bert) McPhee, the Island's only qualified geriatrician -- specialising in the treatment of the elderly -- was forced to resign just after his 70th birthday in June, 1996.

The ruling means that, although he can still work as a general practitioner, Dr. McPhee does not have the authority to refer patients to hospital or treat them once in hospital.

Dr. McPhee insisted that he should still be allowed to have hospital admitting privileges and took out a writ against the board, accusing them of age discrimination.

But yesterday he said: "Because of unforeseen difficulties, delays and challenges in pursuing the case, it was decided to abandon the legal claim filed against the board.'' Despite the climbdown Dr. McPhee insists that the board was wrong to take away his admitting privileges.

And he believes the fact that the board has failed to replace him with a qualified geriatrician illustrates a general lack of concern by the authorities for the elderly.

"Despite this decision not to proceed with the case, I still feel strongly that the board's policy of mandatory retirement at age 70 is irrational and wrong,'' he said.

"I hope the board will have the vision to reconsider it in the light of present day demographic trends. Reaching the age of 70 has absolutely no connection with a doctor's ability to work in a hospital setting. It is common knowledge that, even while this policy was in force, Dr. Raymond Nash of Somerset was allowed to continue to admit and treat patients in the hospital until he was close to 80 years old.

"It's ironic that I have always recommended to my patients that they stay active and yet I am being told I can't work. They are shooting the messenger.

"My impression is that the elderly are dismissed in Bermuda because of their age. Nobody's actually said that, but then there's no evidence that the welfare of the elderly is a prime concern.'' But last night a hospital spokeswoman denied that the board had forced Dr.

McPhee to retire, claiming that the mandatory retirement age had been set by Parliament, not the Bermuda Hospitals Board.

But Human Affairs Minister Jerome Dill confirmed that it was an issue the Government was examining.

"This whole case has caused us to look very hard at the mandatory retirement age, although it's not the first time the issue has come up,'' he said. "A review is ongoing although it hasn't currently been completed. I don't want to be seen to be dangling a carrot but all I can say is that we have not said we are against any sort of movement on the issue.'' COURTS CTS