Courts / Ireland / Report

Couple can't take action against late doctor's estate, court rules

Summary

In a High Court decision, Mr Justice Cian Ferriter struck out the medical negligence claims of a couple against the estate of a deceased medical consultant. The couple had sued the estate and several other parties, alleging that misreported cervical smear tests and a misreported histology sample had caused the woman's cervical cancer and subsequent complications. The claims were brought outside the statutory two‑year period. The judge noted that the estate's personal representative was joined to the action more than two years after the consultant's death, making the claims time‑barred. Both the woman's and her husband's actions against the late consultant's estate were therefore dismissed. The decision highlighted the lack of unconscionable conduct by the estate and the difficulty the plaintiffs faced in discovering the necessary information before the deadline.

Who, what, where, when and why

What: Report matter: Couple can't take action against late doctor's estate, court rules. Procedural stage: hearing_or_decision

When:

• November 2018 Other
• 2022-02-11 Publication

Case subjects

Places mentioned

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Stage Hearing Or Decision

Read the original CNI report