Medical Negligence Litigation

Description

"I unconditionally welcome the book and recommend it to all practitioners and other interested persons in the complete knowledge that, over time, it will stand as being one of the most authoritative books ever published in this area." The Hon. Mr Justice William McKechnie, Judge of the Supreme Court, in the foreword to the first edition of A Practical Guide to Medical Negligence Litigation. Medical negligence actions are complex, emotive and highly contentious types of tort litigation. Medical Negligence Litigation provides legal practitioners with an explanation of the key legal principles at play and gives comprehensive and authoritative analysis of claims from the taking of first instructions right through until trial. Areas covered include: - Breach of duty - Causation - Remoteness of damage - Quantification of damages - Formulation of a medical negligence claim - Inquests into hospital deaths - Medical records - Discovery - Preparation of proofs - Independent expert opinion - Statute of limitations The new edition covers all relevant cases and legislation since 2016 including: * Morrissey v HSE (proper standard of care to be adopted by cervical cancer screeners) * McCormack v Timlin (error in diagnosis/interpretation may not equate to negligence) * Kelly v Farrell (general and approved practice defence and inherent defects) * Mangan v Dockeray (duty to have supportive expert evidence to pursue action) * Green v Hardiman and O'Sullivan v Ireland (statute of limitations and date of knowledge principles) * O'Flynn v HSE (correct procedures for exchange of expert reports) * Crean v Harty (requirement for precision in pleadings) * Personal injury guidelines (2021) * Coroners (Amendment) Act 2019 * Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 In addition two new chapters have been added: * Termination and Wrongful Birth Claims * The Lump-Sum Award and the Discount Rate

Michael Boylan is the Founding Partner of Michael Boylan Litigation Law Firm. Michael Boylan has been a practising solicitor for over 40 years and is Founding Partner of Michael Boylan Litigation Law Firm. He has been involved in hundreds of medical negligence actions including many leading Irish cases (eg Dunne v National Maternity Hospital where he acted for the Plaintiff). He has lectured extensively and written numerous articles and book chapters. He has successfully concluded many complex cases including over 100 birth injury, cerebral palsy and other catastrophic injury claims with multi-million euro awards for infants and their families. He successfully settled more than 80 vaccine damage claims against the State arising from the GSK swine flu vaccine.