Butler v Regan (As Personal representative of the late Brian Regan, Deceased) & Anor (Unapproved) [2024] IECA 52 (08 March 2024)

Butler v Regan (As Personal representative of the late Brian Regan, Deceased) & Anor (Unapproved) [2024] IECA 52 (08 March 2024)

The deceased was liable only for non-reporting of probable/possible arthritis in the appellant's right hip leading to possible hip replacement; no liability for left hip, right knee, lower back, or sternum as evidence did not support causation or reporting obligation; psychiatric injury and aggravated damages not awarded; damages assessed as difference between actual and hypothetical settlement, with Courts Act interest applied.

Citation
[2024] IECA 52
Parties
Plaintiff/appellant: Gerard Butler; Defendant/respondent: Rodney Regan; Defendant/respondent: Leonard Regan
Jurisdiction
Ireland
Judgment Date
08 March 2024
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Clinical Negligence, Economic Loss, Statute of Limitations, Delay in Litigation, Damages Assessment, Contributory Negligence
Medical Negligence Tort Law Clinical Negligence Economic Loss Statute of Limitations Delay in Litigation Damages Assessment Contributory Negligence

Case Brief

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Parties

Gerard Butler

Plaintiff/appellant

Rodney Regan

Defendant/respondent

Leonard Regan

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the deceased was liable for non-reporting of probable/possible arthritis in the appellant's right hip
  2. 2 Whether the deceased was liable for failure to diagnose or report on osteoarthritis in the appellant's left hip, right knee, lower back, or fractured sternum
  3. 3 Whether damages should be awarded for psychiatric injury

Ratio Decidendi

The deceased was liable only for non-reporting of probable/possible arthritis in the appellant's right hip leading to possible hip replacement; no liability for left hip, right knee, lower back, or sternum as evidence did not support causation or reporting obligation; psychiatric injury and aggravated damages not awarded; damages assessed as difference between actual and hypothetical settlement, with Courts Act interest applied.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Appellant to recover €38,092.15 in damages plus interest from 16 February 1987 to date of judgment
  • Appellant to recover €23,949.58 in special damages