Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
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The Health Service Executive has indicated that it expects an over-run on costs incurred by the State Claims Agency for 2014 in respect of negligence claims against the public health service. As a result of this potential spill over, attention has turned to the future claims environment and the knock on effect that increased claims in the private medical sector may ultimately have on public expenditure.
As a priority, the Medical Protection Society (MPS) has recommended that the Government introduce, as part of a set of vital measures, a new Bill that clearly defines the tort of clinical negligence to slow down the claims environment in Ireland which is fast deteriorating.
The claims environment has been worsening for a number of years now and, in particular, over the past two years.
When the MPS considered the level of claims made against private hospital consultants, the actuarial estimates of the cost of indemnity for claims per member had increased by an excess of 90% over the past two years.
The Society felt there were other simple measures that the Government could put in place, such as the full implementation of the Law Reform Commission’s 2008 proposals on the limiting general damages. As a society that indemnifies the medical profession, the MPS said it was prepared and to play an important role trialing procedural reform, but that the support of the Government was crucial to making that happen.
If pre-action protocols are not put in place, the MPS has a real concern that where doctors find the cost of practising in the Irish private sector unsustainable, more of them may decide to work abroad.
“The impact this may have on Irish society is likely to be damaging,” concludes the Society’s new report, ‘Challenging the Cost of Clinical Negligence: The Case for Reform’, released this week.
“If services are not offered in the private sector they will inevitably be sought in the public sector, where liability for any claims for clinical negligence would lie with the State Claims Agency (SCA) in their entirety, impacting on the public purse.”
If you would like to discuss your case with us please email or contact us on 01-5313 800.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
Pat Murphy, a 34-year-old father, died after a ruptured artery went undiagnosed at Cork University Hospital. Despite suffering severe chest pains, he faced a nine-hour wait for a CT scan, delayed further by a malfunctioning machine. His family claims this delay contributed to his tragic death.
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