The Supreme Court has upheld the dismissal of a medical negligence case brought over treatment at Galvia Hospital in 1986 after finding that the proceedings had been left dormant for an unjustifiably long period.
James Brennan issued proceedings in 1989 against Noel Fitzpatrick, Galvia Hospital Limited and Community Hospitals (Ireland) Limited. He alleged that after undergoing investigations including a cystoscopy and bladder distension, hospital staff failed to diagnose and treat acute urinary retention promptly, causing severe pain and requiring later treatment at Sligo General Hospital.
A statement of claim was delivered in 1990. A notice of trial followed in May 1996, but Brennan did not take steps to have the case listed. That notice was struck out in December 1998 and no replacement notice was served.
The defendants later sought dismissal for want of prosecution. In March 2000, the High Court granted that application after finding unreasonable and inordinate delay.
On appeal, Brennan argued that he had not fully understood the application being made against him, that discovery had been deficient and that further medical evidence was being obtained from a consultant in the United Kingdom.
Mrs Justice Denham rejected those explanations. The additional medical report had not been sought until 1999, years after the first notice of trial had been served, and had still not been obtained by March 2000. Any discovery dispute could have been addressed through Brennan's solicitors, while his lack of personal knowledge of particular filings arose during a period when he had legal representation.
The court applied the established test requiring consideration of whether delay was inordinate and inexcusable and whether the balance of justice favoured allowing the case to continue.
It concluded that the passage of time created a substantial risk that a fair trial was no longer possible and was likely to have seriously prejudiced the defendants.
The Supreme Court therefore refused to interfere with the High Court's discretion and dismissed Brennan's appeal.