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News: Medico-Legal

All entries for Medico-Legal

Struck-off Shine due in High Court in November

Dara Gantly | 25 September 2009

The first civil proceedings against former Drogheda surgeon Michael Shine are understood to have been given priority listing in the High Court in November. A dozen men started civil actions against the struck-off doctor earlier this year, seeking damages for... Read more

Legal eagles have landed

Dara Gantly and Terence Cosgrave | 27 August 2009

Approximately 80 representatives from Irish and international legal firms met in Dublin on Friday, August 14 in preparation for a major Health Service Executive tender for legal services. The ‘market sounding exercise’ in the Board Room of Dr Steevens’ Hospital... Read more

19 HSE abuse allegations upheld in last two years

Niamh Mullen | 19 August 2009

Physical, verbal and elder abuse were among the allegations upheld against Health Service Executive (HSE) staff in the last two years. Since 2007, 19 abuse complaints were upheld. A further 19 investigations are ongoing.... Read more

Legal eagles to tender for HSE

Dara Gantly | 07 August 2009

Irish and international law firms have been invited by the HSE to attend a special meeting next week in Dublin in preparation for a major tender for legal services. In advance of the procurement, the Executive has decided to undertake... Read more

Legal fees up 30% for HSE in west of Ireland

Dara Gantly | 05 August 2009

The HSE West paid out a total of €1,945,807 in legal fees in 2008, an increase of 30 per cent on the previous year’s figure. Revealing the expenditure at the recent (July 14) meeting of the Regional Health Forum West... Read more

Doctor found guilty of professional misconduct

Dara Gantly | 01 August 2009

The Medical Council will take into account the finding of professional misconduct against a Nigerian doctor if the individual ever reapplies for temporary registration in Ireland. Following an inquiry on April 29, the Council’s Fitness to Practise (FTP) Committee found... Read more

Ryan report to cost State more than €125m

Dara Gantly | 29 July 2009

The likely cost to the State of the Commission to Inquire into Child Abuse is estimated to be in the region of €126 million to €136 million, the Comptroller and Auditor General (C&AG) has revealed. In a report published today... Read more

Bullying legal costs exceed damages paid to HSE staff

Dara Gantly | 08 June 2009

The amount incurred on legal fees by the HSE on human resources issues relating to bullying continues to outstrip the cost of damages paid out. The Executive spent more than E350,000 on dealing with the issue of bullying last year.... Read more

Doctors advised on morning-after pill

Dara Gantly | 27 April 2009

Irish Courts are moving towards acceptance of the UK’s ‘Gillick Competency’ test, which could give legal guidance over the issue of prescribing the morning-after pill to those aged under 16. Solicitor John O’Connor told delegates at the IMO AGM that... Read more

€10m paid in tribunal fees

Dara Gantly | 20 April 2009

The Minister of State at the Department of Health John Moloney has confirmed that the gross fees paid to date for mental health tribunals held last year was e9,755,433 including VAT. However, he noted that a number of unclaimed fees... Read more

Deadline extended for consultation

Dara Gantly | 13 March 2009

The public consultation on systems of consent for the donation of organs after death for transplantation has been extended to March 14. Minister for Health Mary Harney explained she was extending the deadline by two weeks following a ‘high level... Read more

First public Fitness to Practice inquiry to be held in March

Dara Gantly | 27 February 2009

The first Fitness to Practise (FTP) inquiry to be held in public will take place next Wednesday, the Medical Council has revealed. In a short statement, the Council confirmed that the Fitness to Practise Committee of the Medical Council would... Read more

Harney signs Part 6 of Medical Practitioners Act into law

Dara Gantly | 27 February 2009

Minister for Health Mary Harney has signed the Order commencing Part 6 of the Medical Practitioners Act, introducing a new system of registration for doctors. The Department of Health has confirmed to Irish Medical Times that the new registration system... Read more

Medical malpractice insurance available

Gary Culliton | 14 January 2009

An American firm is to offer medical malpractice insurance policies here. W.R. Berkley Insurance (Europe) Ltd. has completed the acquisition of Irish Professional Risks Ltd to form W.R. Berkley Insurance Ireland. W.R. Berkley Insurance Ireland will offer a range of... Read more

Mental health is now the domain of lawyers

26 November 2008

Mental health has become the domain of lawyers, according to Mr Pearse Finegan, Director of the ICGP/HSE Mental Health Project. He was speaking at the ICGP Winter Meeting 2008. “Mental health tribunals cost €10,000 each, and every admitted patient has... Read more

Ireland escapes EU court appearance

Dara Gantly | 03 November 2008

Ireland has been given a reprieve by the European Commission and will not have to appear before the European Court of Justice over a failure to implement new legislation on the recognition of doctors’ qualifications across the EU. Instead, the... Read more

Involuntary detention case won, emergency law passed

31 October 2008

The High Court has found that a woman in a psychiatric hospital who challenged her involuntarily detention order, had not been legally detained. However Mr Justice McMahon has put a stay of four weeks on her release. She has been... Read more

Patient group still has questions about Lourdes Hospital/Neary inquiry

By Alan Deeley | 04 September 2008

The National Birth Alliance has said that the Lourdes Hospital Redress Scheme was drawn up with three things in mind: meagre rewards, ‘financial rectitude’ for the Department, and a mathematical approach to suffering. The Alliance’s Ms Marie O’Connor told Irish... Read more

Tribunal psychiatrists net over €3.5 million

By Ian McGuinness | 15 August 2008

Consultant psychiatrists were collectively paid nearly €3.621 million last year for sitting on mental health tribunal panels or appearing before those bodies to give their independent opinions. A total of 54 psychiatrists who sat on tribunal panels collectively received just... Read more

Medico-legal: Supreme Court allows appeal on behalf of Council

06 August 2008

Ed Madden, BL, looks at a Supreme Court case in which the Medical Council sought to overturn a High Court order preventing the Fitness to Practise Committee from examining complaints brought against a doctor. Michael Shine, who is now retired,... Read more

Feature: Basic terms of employment

06 August 2008

Dairine Walsh, Solicitor with Beauchamps Solicitors, outlines the minimum requirements that employers must satisfy when hiring an employee either full time or part time. Every doctor who employs staff must give them the basic terms and conditions of their employment... Read more

Doctor claimed he was mentally unfit for defence

Ed Madden | 11 July 2008

Ed Madden, BL, looks at a recent English High Court case in which a medical practitioner claimed that he was mentally unfit when he represented himself at a Fitness to Practise Panel hearing of the General Medical Council. At a... Read more

Data protection essentials for GPs

Madeleine Delaney | 05 July 2008

Madeleine Delaney, Associate with Beauchamps Solicitors, writes that GPs must be aware of all their legal obligations to patients when it comes to sensitive issues of data control and protection. General practitioners are data controllers by virtue of the fact... Read more

Doctor investigated in two countries

Ed Madden BL | 02 July 2008

Ed Madden, BL, writes on the case of a doctor registered in both British Columbia and the UK who had disciplinary proceedings instituted against him in Canada and was then investigated by the GMC in the UK about those charges.... Read more

Social worker was mentally unfit

Ed Madden | 27 June 2008

Ed Madden, BL, looks at a recent UK Care Standards Tribunal case in which medical evidence established that an applicant for inclusion on the Register of Social Workers was unfit to work due to longstanding mental health problems. On 5... Read more

Nurse manager's case of alleged discrimination failed to convince

Ed Madden BL | 24 June 2008

Ed Madden BL, looks at a recent Equality Tribunal case in which a Clinical Nurse Manager failed to prove discrimination for not bein allowed retained a 30-hour week on promotion, Ms Susan O’Brien was employed by Cork University Hospital as... Read more

Advice: defending an MRSA claim

Aisling Gannon | 21 June 2008

Aisling Gannon, partner and head of healthcare with Beauchamps Solicitors begins a new Irish Medical Times series on legal advice for doctors. MRSA appears to be on the increase. English actress Leslie Ash recently received damages after allegedly contracting MSSA,... Read more

Osteopath had ready-made systems for all of his patients

Ed Madden | 10 June 2008

Ed Madden, BL, looks at a case in which the Court of Appeal considered whether an osteopath had been inappropriately sanctioned by a Fitness to Practice Committee. Donald Moody was a registered osteopath of many years’ experience. A complaint was... Read more

Gynaecologist challenged suspension

Ed Madden | 06 June 2008

Ed Madden BL looks at a case in which a gynaecologist who was found guilty of serious professional misconduct sought to challenge the decision to suspend his registration with the GMC. Dr Said Arzhangi, who is now 65 years old,... Read more

Fewer patients have involuntary status revoked before hearings

Ian McGuinness | 30 May 2008

The number of involuntarily detained psychiatric patients who had their status revoked before a mental health tribunal hearing into their case, has fallen to its lowest point in at least 15 months. Figures for March 2008 show just 91 such... Read more

Supreme Court rules on Mental Health Act

Ed Madden | 29 May 2008

Ed Madden BL on a recent case in which the Supreme Court considered whether a consultant could validly sign a patient's renewal order under Section 15 of the Mental Health Act, 2001 In 1998, MM developed a dangerous schizophrenic condition... Read more

Coombe staff acted lawfully in administering blood transfusion

Ed Madden | 22 May 2008

Ed Madden, BL, looks at a recent case in which a woman who received a blood transfusion at the Coombe Hospital in Dublin claimed damages for alleged breach of her rights. At 9.46 a.m. on 21 September 2006, Ms. K,... Read more

HSE acted reasonably in case of pregnant emergency worker

Ed Madden | 15 May 2008

Ed Madden, BL, looks at a recent Equality Tribunal case in which an Emergency Medical Technician claimed that she was discriminated against by the HSE on grounds of gender. Zita Sweeney is employed by the HSE Midlands Area as an... Read more

Social worker's appeal to work is disallowed

Ed Madden BL | 09 May 2008

Ed Madden BL looks at a recent UK Care Standards Tribunal case in which a social worker appealed a decision stating he was unsuitable to work with children or vulnerable adults In 2004, Steven S., a US citizen who was... Read more

Home care worker stole from multiple sclerosis sufferer

Ed Madden | 29 April 2008

Ed Madden BL on a UK Care Standards Tribunal case in which a woman appealed a decision that her name be included on the list of individuals unsuited to working with vulnerable adults. On 23 September 2002, Ann (not her... Read more

Supreme Court dismisses husband's hepatitis C appeal

Ed Madden | 22 April 2008

Ed Madden, BL, looks at a recent Supreme Court case in which the husband of a woman who contracted hepatitis C sought to re-litigate, after having first claimed for losses in 1997 In 1997, the husband of a woman who... Read more

Hitting drunk drivers where it hurts

Ian McGuinness | 21 April 2008

Ian McGuinness examines the obvious logic behind the idea of seizing drunk drivers' cars and wonders why sensible laws are not always enforced. Sometimes you hear an idea and just think, “Oh, that would work.” Then you wonder: “Why hasn’t... Read more

Care worker accused of sexual assault

Ed Madden | 15 April 2008

Ed Madden, BL, looks at a recent UK Care Standards Tribunal case in which the former manager of a care home appealed against a decision made by the Secretary of State for Health. In April 2002, ‘NJ’ was appointed manager... Read more

European Court rules against mother

Ed Madden | 11 April 2008

Ed Madden, BL, looks at a recent decision where the European Court of Human Rights ruled on the admissibility of a claim by a mother that there had been a breach of duty on the part of the various NHS... Read more

Cases fall as docs go home

Terence Cosgrave | 02 April 2008

Current forensic medicine in Ireland is ad hoc and patchy and, in many cases, results in individuals not getting proper justice from the legal system, according to Prof Denis Cusack – a doctor and barrister who spoke at the IMO’s... Read more

Doctor acquitted of charges due to procedural grounds

Ed Madden | 29 March 2008

On 9 August 2006, a medical practitioner was committed for trial on an indictment which contained four counts that he indecently assaulted three women contrary to section 13(1) of the Sexual Offences Act 1956. The offences were alleged to have... Read more

Doctor struck off due to fraudulent conduct

Ed Madden | 18 March 2008

Ed Madden BL, looks at an English High Court case in which the Court considered an appeal by a GP regarding a General Medical Council decision to erase his name from the Medical Register On 30 March 2006, a Fitness... Read more

Court is highly critical of Medical Council procedures

Ed Madden BL | 05 March 2008

Ed Madden BL looks at the High Court decision in judicial review proceedings taken by Dr John Francis Murphy and Professor Walter Prendiville against the Medical Council In March 2006, following the publication of Judge Harding Clark’s inquiry report into... Read more

European Court rules against nursing home

Ed Madden, BL | 26 February 2008

Ed Madden, BL, looks at a recent European Court of Human Rights ruling on a case brought by the son of an elderly woman who disappeared from a nursing home in Bulgaria In May 1994, Mrs Stoyanova, who was then... Read more

Medical Council still accepting submissions

Ian McGuinness | 26 February 2008

The Medical Council is still willing to accept submissions on the review of its ethical guidelines, even though the official date for such proposals has past. Mr William Kennedy, the Council’s Legal Advisor and Head of Professional Standards, told Irish... Read more

Tribunal revokes one in ten orders

Ian McGuinness | 26 February 2008

Nearly 11 per cent of all mental health tribunals held in January resulted in a patient’s involuntary admission order being revoked. The latest statistics from the Mental Health Commission show that 177 tribunal hearings were held last month and just... Read more

Dublin Bus seeks drugs testing body to monitor staff abuse

Ian McGuinness | 26 February 2008

Dublin Bus has introduced a drugs and alcohol policy for its workers and is looking for an organisation to collect and analyse the samples. Bus Atha Cliath put the service out for tender recently and stated that whoever wins the... Read more

New Irish office for Best Doctors

19 February 2008

Best Doctors has opened a new Irish office in Dublin as it seeks to expand the number of members here. Best Doctors, which is accessible through insurers and employers, allows its members to have their case reviewed by medical experts... Read more

Troubling questions on Neary's motives

Sandra Ryan | 19 February 2008

The Minister for Health, Mary Harney, has been asked to include another 40 former patients of former obstetrician Dr Michael Neary in the redress scheme set up to compensate the women who suffered under his care. Two UK-based consultant obstetricians,... Read more

Widower settles case against former WHB

Ed Madden BL | 17 February 2008

Ed Madden, BL, looks at the background to a case against the former Western Health Board following the death of a woman in hospital, where she had remained in a coma for 19 years On 22 January, 2008, Padraic Keane,... Read more

Court rules on right to life of psychiatric patients

Ed Madden | 06 February 2008

Ed Madden, BL, looks at a Court of Appeal case in England, in which the Court examined the right to life of psychiatric patients under the European Convention on Human Rights On 5 July 2004, 49-year-old Carol Savage committed suicide,... Read more

Cannula caused serious infection

Ed Madden | 01 February 2008

Rosalind Colwill was employed by the Methodist Church as a Spiritual Director in Nigeria. In September 2002, she flew to the UK to attend her niece’s wedding in Oxford. On Saturday 21 September she awoke with a fever, but nonetheless... Read more

Rotunda refuses to release 100-year old records

Ian McGuinness | 01 February 2008

The Rotunda Hospital refused to release 100-year-old records to a woman that would have told her how old her grandmother was in 1907. The woman applied to the hospital, under Freedom of Information (FOI) legislation, for information relating to her... Read more

It's company policy: equality issues

Ed Madden | 25 January 2008

In September 2005, two women were among a number of work colleagues who attended a post-conference dinner at a venue in Sligo. They sat opposite each other at a long table at which there were a number of other fellow... Read more

Court rules on medical records’ confidentiality

Ed Madden | 18 January 2008

In 2005, a 34-year-old man was charged before the Crown Court at Stafford with sexual offences against a 14-year-old schoolgirl, contrary to the Sexual Offences Act, 2003. During 2005, the girl took overdoses of paracetamol and ibuprofen on three occasions,... Read more

Cultural issues at care home led to misconduct dismissal

Ed Madden | 11 January 2008

In January 2003, Ms Ann (not her real name) joined the nursing staff of Beeches Home– a 64 bed residential facility for elderly patients. She had trained in Botswana and had worked as a registered nurse there for some twelve... Read more

Genetics student takes education matter to the European Court

Ed Madden | 04 January 2008

Having completed her secondary education in Germany, Ms Rhiannon Morgan moved to the UK where she worked for a year as an au pair. On 20 September 2004, she began studies in applied genetics at the University of the West... Read more

Portlaoise women seek legal advice on diagnoses

Sandra Ryan | 04 January 2008

A number of the women involved in the cancer crisis at Portlaoise General Hospital have sought legal advice to determine if they have a case against the Health Service Executive (HSE) for the mis-diagnoses that took place, Irish Medical Times... Read more

Supreme Court dismisses appeal in organ retention case

Ed Madden | 14 December 2007

Bridget Devlin and her husband Terence brought a case in the Supreme Court in which they appealed against a decision of the High Court issued on 1 July, 2004. The High Court dismissed their claim for damages arising from the... Read more

141 patients missed out on a tribunal hearing

Ian McGuinness | 14 December 2007

More psychiatric patients had their involuntary detention revoked in October, before a tribunal hearing into their case, than in any month since the Mental Health Act came into force in November 2006. The latest figures from the Mental Health Commission... Read more

IMO loses anaesthetists' pay case in Labour Court

Ian McGuinness | 30 November 2007

The Irish Medical Organisation (IMO) has lost a case taken to the Labour Court over anomalies in pay received by anaesthetic specialist registrars. The row between it and the Health Service Executive Employers Agency (HSE EA) dates back to 1999.... Read more

Court addresses issue of consent in surgery

Ed Madden, BL | 30 November 2007

Ed Madden, BL, looks at a recent Supreme Court case concerning the requirement on medical practitioners to warn patients of the risks associated with elective medical procedures Paul Fitzpatrick, from Dublin, was born with a convergent squint in his left... Read more

No duty on doctor's solicitor to inform opponent of mistake

Ed Madden | 23 November 2007

When she was 31-years-old, Wendy Thompson, a married woman, noticed that she had a lump in her left breast. She consulted her GP, Dr Christine Arnold, who diagnosed the lump as benign. Sadly it was not. If the diagnosis had... Read more

Doctor should have opted for Caesarean section birth

Ed Madden | 09 November 2007

At 5.30pm on 1 October 1999, Nadine Montgomery gave birth to a baby boy, Sam, at Bellshill Maternity Hospital in Scotland. Unfortunately, the child was born with brain damage. In 2006, Ms Montgomery took a case against Lanarkshire Health Board,... Read more

Knocking heads together at a medical conference

Ed Madden | 02 November 2007

On 7 July 2006, Dr John Lewis Isaac, with an address in Birmingham, attended a medical conference. He began drinking at 10pm and by midnight had consumed four or five pints of lager. Having made a comment to a friend... Read more

Tribunals revoke 12 per cent of detentions

Ian McGuinness | 26 October 2007

About 12 per cent of mental health tribunals result in an involuntary detention order being revoked, according to the latest figures available from the Mental Health Commission. Between the beginning of November last year, when the Mental Health Act 2001... Read more

Surgeon in the North East gets €300,000 in damages

Ed Madden | 26 October 2007

Mr Ibrahim Ahmed was appointed by the then North Eastern Health Board as a locum consultant surgeon at Louth County Hospital and commenced duty on 14 August 2000. Initially, his employment was for a period of less than two months,... Read more

Canada: Doctors acquitted of negligence in HIV blood distribution trial

19 October 2007

Four Canadian doctors and a US pharmaceutical company have been acquitted in court of negligence in the distribution of blood contaminated with HIV in Canada’s worst health scandal, AFP has reported. It was the first criminal trial in a case... Read more

Legal entanglements amount to €64.5 million

Ian McGuinness | 19 October 2007

Nearly €64.5 million was spent on commissions and inquiries by the Department of Health between 1999 and the start of 2007, it has been revealed. The single largest expenditure was on the blood tribunal, officially known as the Tribunal of... Read more

The IMO may sue HSE managers

Ian McGuinness | 12 October 2007

The Irish Medical Organisation (IMO) has warned the Health Service Executive (HSE) that it will take legal action against individual members of management if sick and pregnant NCHDs have to work because a lack of locum cover. Mr Fintan Hourihan,... Read more

Doctor accepts his career is over after patient's death

Ed Madden | 12 October 2007

In September 2007, the General Medical Council (GMC) sought an order from the High Court to extend for a further 12 months from 12 September 2007, an interim order of suspension initially made on 9 March 2005 against Dr Michael... Read more

Question remains over central fund

Ian McGuinness | 05 October 2007

It is still unclear whether there is a central fund to allow mental health services to cover the costs of High Court and Circuit Court cases in relation to involuntary detained psychiatric patients. Last week Irish Medical Times reported that... Read more

Status is revoked before tribunal sits

Ian McGuinness | 05 October 2007

Involuntarily detained psychiatric patients are still five times more likely to have their status revoked before a tribunal into their case sits, than having it changed by the tribunal hearing itself. The latest figures from the Mental Health Commission show... Read more

A happy accident for indemnity claimants

Sandra Ryan | 05 October 2007

Before the existence of the PIAB, solicitors made a lot of money by bringing personal injury claims to the courts. Now, doctors are the ones getting a fee for assessing injuries and performing independent examinations. The PIAB, which is self-funded,... Read more

Young mother dies after substandard treatment

Ed Madden | 05 October 2007

On 30 September 2002, Elaine Carter, a married woman, gave birth to a baby boy, Bradley, at Basildon Hospital. The baby was about eight weeks premature. Earlier in the same year, she had given birth to a daughter, Holly, who... Read more

Healthcare facility to pay €4,000 to ex-employee

Ian McGuinness | 28 September 2007

A private healthcare facility has been ordered to pay €4,000 to a former employee, after the Equality Tribunal found that it discriminated against her on the grounds of disability. The facility involved was a private hospital that treats patients who... Read more

Doctor appeals against erasure

Ed Madden | 28 September 2007

Dr Juamer Ibrahim Amin Baldar, who is Iraqi by origin, came to the UK in 1994 where he sought and obtained asylum; he is now a British citizen. In 2004, he was convicted of common assault arising out a road... Read more

Woman sued cosmetic surgery company

Ed Madden | 21 September 2007

In July 2000, when she was 48-years-old, Maria Taylor Flynn was overweight, weighing approximately 15 stone. She saw an advertisement in a magazine for a clinic which was owned by Advanced Cosmetic Surgery Limited (the company). The advert showed an... Read more

Senior house officer in UK took Tramadol while he was on duty

Ed Madden | 07 September 2007

Dr Simon James, with a registered address in Hampshire in England, was employed by the Gloucestershire Hospitals NHS Foundation Trust as a senior house officer in anaesthetics between January 2004 and January 2006. Morphine allergy excuse On 1 June 2005,... Read more

Over 1,000 involuntary psych patients released

Ian McGuinness | 31 August 2007

More than 1,100 involuntarily detained psychiatric patients have been released before they received a mental health tribunal into their detention, it has emerged. The latest figures from the Mental Health Commission show that between November 2006 to July 2007 inclusive,... Read more

Midwife is compelling witness 25 years after the incident

Ed Madden | 31 August 2007

Twenty-six-year-old Monzur Miah suffers from Athetoid Cerebral Palsy. He is severely disabled and wheelchair bound. His condition was caused by the fact that during the final stages of labour at his birth, the umbilical cord prolapsed. As a result, the... Read more

Lesbian couple were restrained by court from relocating to Australia

Ed Madden | 17 August 2007

Two women who lived in a lesbian relationship wished to have a child. After months of consideration and discussion a man they knew agreed to have a child with one of the women by means of artificial insemination. The baby... Read more

Status of doctors in mental health tribunals quizzed

Ian McGuinness | 17 August 2007

The appointment status of doctors has been challenged by some personnel at mental health tribunals, Irish Medical Times understands. It is understood that the employment status of consultants have been challenged, as well as that of specialist registrars who ‘act... Read more

Speeding excuse was found to be a cover-up

Ed Madden | 10 August 2007

Between February 2005 and November 2005, Dr Meenakshi Bakshi, with a registered address in Birmingham, was employed as a senior house officer in psychiatry by the Avon and Wiltshire NHS Partnership Trust (Mental Health). At approximately 8pm on 26 April... Read more

Judgement postponed

Sandra Ryan | 10 August 2007

The High Court will not decide until later this year whether or not to uphold the Medical Council’s findings of professional misconduct against Prof Walter Prendiville and Dr John Murphy. Both doctors are challenging the findings of the Council’s Fitness... Read more

Dentists awarded cash settlement

Ian McGuinness | 10 August 2007

Four senior dental surgeons employed by St Finbarr’s Hospital in Cork have been awarded €5,000 each by the Labour Court because they did not receive as much training as they expected. The case was taken by the Irish Dental Association... Read more

Commissioner overturns HSE decision

Ian McGuinness | 10 August 2007

A former health board tried to deny a deceased woman’s son access to her medical records on the basis that the information in them was personal to her and thereby protected from release by the Freedom of Information Act. However,... Read more

Prescribing nurses are open to litigation

Greg Baxter | 10 August 2007

Nurses who prescribe drugs under new legislation should be prepared to face the same medico-legal issues that clinicians face, an article in the most recent issue of Medico-Legal Journal of Ireland states. However the fear of litigation or regulatory sanctions... Read more

The government must act now

Greg Baxter | 10 August 2007

The increase in the number of people using assisted reproduction technologies could lead to a rise in legal disputes regarding custody and embryo status, a family law expert has told Irish Medical Times. Ms Hilary Coveney, Head of the Family... Read more

Judge rules against the HSE in pharmacist pay row

Sandra Ryan | 03 August 2007

The Minister for Health’s decision to stop pharmacists receiving advance payments from the Health Service Executive (HSE) was ‘unlawful’, a High Court Judge has ruled. Mr Justice Frank Clarke has stated that pharmacists, represented by the Irish Pharmaceutical Union (IPU),... Read more

Philippine workers' case is concluded

Ian McGuinness | 03 August 2007

Fifteen Philippine care attendants were informed by the former Southern Health Board that they were put further down a panel of candidates to fill permanent positions at a hospital because they held work permits. The Equality Authority Annual Report 2006... Read more

Failure to diagnose abscess

Ed Madden | 03 August 2007

Dr Bijay Kumar Singh, with a registered address in the West Midlands, in the UK, was a general practitioner on the list of the Cannock Chase Primary Care Trust. On 2 June 2001, the doctor received a telephone call from... Read more

Icelandic case exemplary in determining 'impartiality'

Ed Madden | 27 July 2007

Sara Lind Eggertsdóttir was born at the National and University (State) Hospital in Reykjavík on 5 March 1998. Soon after her birth, it became clear that Sara was severely handicapped both physically and mentally; her disability was assessed at 100... Read more

IMB welcomes legal action on steroids

Sandra Ryan | 27 July 2007

A man has received a two-year prison sentence for illegally selling anabolic steroids, with 20 months suspended, after being found to be in breach of the Medicinal Products Regulations. Mr Brian Wainstain was uncovered by the Gardaí and the Irish... Read more

Views on harvesting of organs invited by Govt

Sandra Ryan | 27 July 2007

Doctors are being asked for their views on legislation being drafted by the Department of Health to govern post-mortem practices, and the handling and disposing of human tissue. The move is part of a national consultation process following last year’s... Read more

Parents appeal son's wardship

Ed Madden | 20 July 2007

Sometime after his birth on 26 April 1982, Francis Dolan was diagnosed as suffering from cerebral palsy. Francis, through his mother Bernadette, instituted medical negligence proceedings alleging that the cerebral palsy resulted from negligence on the part of his doctors.... Read more

Detentions revoked by consultants

Ian McGuinness | 13 July 2007

More involuntarily detained psychiatric patients are still being released by consultant psychiatrists than by mental health tribunals, according to new statistics. Mental Health Commission figures show that since November 2006, when the Mental Health Act 2001 came into operation, until... Read more

Involuntary detention found admissible in the High Court

Ed Madden | 13 July 2007

On 25 April 2007, an application was made under the provisions of the Mental Health Act, 2001 to have an adult male admitted to St Brendan’s Hospital in Dublin as an involuntary patient; the applicant was a sister of the... Read more

Medical Practitioners Act may cause some problems for locums

Sandra Ryan | 06 July 2007

The Medical Council is to seek advice from the Irish College of General Practitioners (ICGP) to discuss the position of GP locums following the publication of the Medical Practitioners Act. Irish Medical Times understands that many locums currently working in... Read more

Suspended doctor told she must re-evaluate her work

Ed Madden | 06 July 2007

On 8 September 2006, a fitness to practise panel of the General Medical Council considered the conduct of Dr Jayanthy Gnananandan, with a registered address in London, in respect of her treatment of two patients. The first case concerned a... Read more

HSE cleared after discrimination claim

Ian McGuinness | 29 June 2007

The Health Service Executive (HSE) has been cleared by the Labour Court of discriminating against a male employee who accused it of discrimination on the grounds of gender and age. The 34-year-old sessional pharmacist, who was employed by the HSE... Read more

Patients say new legislation will stop 'aberrant' behaviour

Greg Baxter | 22 June 2007

The patients of Dr Michael Neary are happy with the new Medical Practitioners Act. That is the view of a representative of Patient Focus, the organisation which helped to highlight the Neary case and to seek redress for the women... Read more

New companies are established by the IMO

Ian McGuinness | 15 June 2007

Two new companies have been established by the Irish Medical Organisation (IMO) in just over a year, the latest one being set up less than a month ago. The latest company was registered with the Companies Registration Office on 25... Read more

Ruling on release of references

Ed Madden | 15 June 2007

In the first half of 2002, Ms T applied for a position of Registered Nurse for the Mentally Handicapped (RNMH) with the Order of Sisters of Charity of Jesus and Mary. Ms T understood that she was successful in the... Read more

More court appeals

Ian McGuinness | 15 June 2007

More High Court appeals against decisions of mental health tribunals are being taken than was originally expected, it has been claimed. Dr Kate Ganter, Chairman of the Irish College of Psychiatrists, said: “People have an entitlement to go to court... Read more

Doctor's indiscretion led to GMC hearing

Ed Madden | 08 June 2007

Dr Noorullah Yakubi worked as a senior house officer is obstetrics and gynaecology at Watford General Hospital, UK. On 10 June 2004, while working on the wards at the Hospital, he was consulted by a young woman who had earlier... Read more

Legal threat to Act has 'no basis in law'

Greg Baxter | 01 June 2007

The threat of legal action to halt the introduction of the Medical Practitioners Act has no basis in law, a source has told Irish Medical Times. The source, a legal expert who spoke on condition of anonymity, said he did... Read more

Patient challenges detention

Ed Madden, BL | 01 June 2007

Ed Madden, BL, looks at a recent High Court case which considered whether a patient with a history of admission to hospitals for psychiatric reasons was lawfully detained in the Central Mental Hospital In April 2007 a patient at the... Read more

Industrial action and the courts

Ed Madden | 25 May 2007

In light of the recent industrial action by nurses, the question arises as to whether a person whose health has suffered as a result of the action, might be in a position to take successful constitutional action against one or... Read more

Action possible on EWTD

Ian McGuinness | 25 May 2007

Junior doctors could take cases to the Rights Commission by the end of the year if they are not on European Working Time Directive-compliant rosters, the Irish Medical Organisation (IMO) has claimed. Talks on the NCHD contract are due to... Read more

Holles St loses FOI High Court case

Ed Madden | 18 May 2007

On 4 April 2000, the then Minister for Health and Children, Micheál Martin, announced the establishment of a non-statutory post mortem inquiry. The inquiry (known as the the Dunne inquiry), was required: “To review the post mortem examination policy, practice... Read more