Philp -v- Ryan & Anor [2004] IESC 105 (17 December 2004)

Philp -v- Ryan & Anor [2004] IESC 105 (17 December 2004)

The plaintiff is entitled to damages for the loss of opportunity to be advised and treated for his cancer, even if the chance of benefit was less than probable, and aggravated damages are justified due to the defendants' deliberate misconduct in altering and withholding evidence.

Citation
[2004] IESC 105
Parties
Plaintiff/respondent: David Philp; Defendant/appellant: Peter Ryan; Defendant/appellant: Bon Secours Hospital and Bon Secours Health System
Jurisdiction
Ireland
Judgment Date
17 December 2004
Procedural Posture
Civil Appeal (professional Negligence) / Supreme Court Judgment on Appeal and Cross Appeal
Outcome
Defendants' appeal dismissed; plaintiff's cross-appeal allowed; damages increased.
Legal Topics
Professional Negligence, Damages, Aggravated Damages, Loss of Chance, Misconduct in Litigation
Medical Negligence Tort Law Professional Negligence Damages Aggravated Damages Loss of Chance Misconduct in Litigation

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Parties

David Philp

Plaintiff/respondent

Peter Ryan

Defendant/appellant

Bon Secours Hospital and Bon Secours Health System

Defendant/appellant

Procedural Posture

Civil Appeal (professional Negligence) / Supreme Court Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for loss of opportunity to receive beneficial treatment due to negligent misdiagnosis
  2. 2 Whether aggravated damages are appropriate due to the defendants' conduct in litigation

Ratio Decidendi

The plaintiff is entitled to damages for the loss of opportunity to be advised and treated for his cancer, even if the chance of benefit was less than probable, and aggravated damages are justified due to the defendants' deliberate misconduct in altering and withholding evidence.

Court Disposition

Defendants' appeal dismissed; plaintiff's cross-appeal allowed; damages increased.

Orders

  • Award of damages increased from €45,000 to €100,000 to include compensation for loss of opportunity and aggravated damages.
  • Defendants' appeal on quantum of damages dismissed.