Devlin & anor -v- The National Maternity Hospital [2007] IESC 50 (14 November 2007)

Devlin & anor -v- The National Maternity Hospital [2007] IESC 50 (14 November 2007)

The Supreme Court held that under established Irish law, damages for nervous shock are only recoverable where the psychiatric illness is induced by actual or apprehended physical injury to the plaintiff or another person. As this requirement was not met, the plaintiff's claim for damages failed. The claim regarding lack of consent to post-mortem was statute barred, but the claim regarding retention of organs was not. However, no recoverable loss was established under the law as it stands.

Citation
[2007] IESC 50
Parties
Plaintiff/appellant: Bridget Devlin; Plaintiff/appellant: Terence Devlin; Defendant/respondent: The National Maternity Hospital
Jurisdiction
Ireland
Judgment Date
14 November 2007
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Dismissal
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Nervous Shock, Statute of Limitations, Consent to Medical Procedures, Retention of Organs, Negligence, Damages for Psychiatric Injury
Tort Law Medical Law Nervous Shock Statute of Limitations Consent to Medical Procedures Retention of Organs Negligence Damages for Psychiatric Injury

Case Brief

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Parties

Bridget Devlin

Plaintiff/appellant

Terence Devlin

Plaintiff/appellant

The National Maternity Hospital

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether damages for nervous shock are recoverable absent actual or apprehended physical injury
  2. 2 Whether the claim regarding lack of consent to post-mortem is statute barred
  3. 3 Whether the claim regarding retention of organs is statute barred

Ratio Decidendi

The Supreme Court held that under established Irish law, damages for nervous shock are only recoverable where the psychiatric illness is induced by actual or apprehended physical injury to the plaintiff or another person. As this requirement was not met, the plaintiff's claim for damages failed. The claim regarding lack of consent to post-mortem was statute barred, but the claim regarding retention of organs was not. However, no recoverable loss was established under the law as it stands.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Action dismissed; no damages awarded to plaintiffs
  • No extension of the law of nervous shock liability