Healthcare Law

Dr Aisling McMahon, assistant professor at Maynooth University Department of Law and an expert in medical and intellectual property law, makes the case for a (bio)ethics space within patent law. COVID-19 was declared a pandemic on 12th March 2020 and by 9th April had claimed 81,580 lives. COVID-19 h

Healthcare workers should be granted "immunity" from civil liability for medical negligence during the coronavirus pandemic, the Medical Defence Union (MDU) has said. The largest medical defence organisation in the UK, which provides legal support to around 200,000 healthcare workers, said existing

The High Court has ruled against the Health Service Executive and St James’ Hospital Board in their application to set aside the renewal of a Personal Injury Summons granted by Mr Justice Anthony Barr in May 2019. Background

More than half a dozen new lawsuits have been filed in connection with the CervicalCheck scandal since the Supreme Court handed down its judgment in the Morrissey case earlier this month. Ruth Morrissey was awarded €2.1 million by the High Court last year over the misreading of her cervical sme

Mary Hough, partner and head of healthcare at Hayes solicitors, explores the Supreme Court ruling reaffirming that the ‘Dunne’ principles remain the appropriate legal test for establishing liability in medical negligence litigation in Ireland. In its recent decision in the case of Ruth M

Rebecca Conlon, consultant in the healthcare team at Hayes solicitors, examines the recent High Court decision in Anne Marie Clifford v Heath Service Executive & Kerry General Hospital. In December 2019 the High Court dismissed the claim of a Plaintiff who alleged a delay of 36 minutes in transf

The Health Service Executive, Quest Diagnostics Incorporated, and Medlab Pathology Limited have lost a Supreme Court appeal against a High Court judgment in favour of Ruth Morrissey arising from the misreading of her cervical smear tests. Mrs Morrissey was not told until 2018 that a review carried o

A dispute arising out of the departure of well-known solicitors from a prominent law firm in 2018 has returned before the High Court. Augustus Cullen Law and Cullen Solicitors Services Limited had brought High Court proceedings against parties including Michael Boylan, Gillian O'Connor and their fir

NHS England is facing a legal bill of £4.3 billion to settle its outstanding medical negligence claims, according to new figures. Figures released to the BBC under Freedom of Information legislation show that the health service expects to have to pay a large sum to lawyers in order to settle a

Claimant and defendant lawyers from across Ireland and Northern Ireland recently met in Dublin develop their understanding of the law on Acquired Brain Injury (ABI).

Dr Rob Hendry, medical director of the Medical Protection Society (MPS), sets out the medical profession's perspective on Mr Justice Charles Meenan's expert group on tort reform and the management of clinical negligence claims. In 2018 the State Claims Agency paid out nearly €270 million i

Proposed legislation providing for mandatory open disclosure of serious patient safety incidents has been published by Health Minister Simon Harris. The Patient Safety (Notifiable Patient Safety Incidents) Bill 2019 specifies a list of patient safety incidents which will be subject to mandatory open

The barriers to open disclosure must be addressed if an open culture in healthcare is to be achieved, according to a medical protection organisation. The call from the Medical Protection Society (MPS) comes as the Patient Safety Bill 2018, which provides for open disclosure, continues to receive leg

A landmark case brought against three NHS trusts by a woman who was not told during her pregnancy that her father has Huntington's disease has begun in the High Court in London. The claimant, known only as "ABC", said she would have had an abortion if she knew at the time that her father has the con

Over €18 million was paid out by the State Claims Agency (SCA) in legal costs to 10 law firms involved in medical negligence cases last year. Augustus Cullen Law Solicitors was paid nearly €6.8 million after representing plaintiffs in 46 claims last year.