The High Court struck out third-party notices against the Health Services Executive (HSE) and two doctors, finding that the notices amounted to an abuse of process and had not been served as soon as reasonably possible. The decision concerned whether those notices should remain in proceedings; it did not determine the underlying injury or medical negligence claims.
The case arises from Martin McDonagh’s allegation that he was injured in June 2013 while getting out of a van insured by him and driven by his wife, Lena McDonagh. He claims against her for those alleged injuries. After the incident, he attended an HSE-operated hospital emergency department and a general medical practice operated by Drs Patrick O’Meara and John Rice.
In January 2016, the High Court allowed Lena McDonagh to issue and serve third-party notices against the HSE and the doctors concerning alleged negligence in Martin McDonagh’s treatment. The HSE later applied to set aside its joinder. The doctors separately sought to set aside their notices or have them dismissed as an abuse of process.
The court said established case law requires an appropriate expert medical report before medical negligence proceedings are commenced or continued. The report initially relied on was by trauma and orthopaedic surgeon Dr Desmond Mackey, with a supplementary letter. The judge found it did not address whether the HSE was negligent or whether the doctors’ care as general practitioners was appropriate. The report was later withdrawn, and counsel for Lena McDonagh said an alternative report was to be sourced. At the hearing, there was no sufficient medical report supporting the notices.
The judge also considered delay. The notices were served in February 2016, after Dr Mackey’s report in May 2014 and supplementary letter in March 2015. Explanations included difficulties arranging affidavit evidence, holiday periods and the complexity of obtaining medical records. The court found those explanations did not justify the delay and concluded the third parties had not been joined as soon as reasonably possible, as required by section 27(1) of the Civil Liability Act 1961.
The court struck out the third-party notices on both grounds: abuse of process arising from the absence of appropriate expert evidence, and failure to comply with the statutory timing requirement. The judgment did not rule on whether the alleged accident occurred, whether any party was negligent, or whether Martin McDonagh suffered compensable injury.