Morrissey & anor v Health Service Executive & ors (Approved) [2020] IESC 6 (19 March 2020)

Morrissey & anor v Health Service Executive & ors (Approved) [2020] IESC 6 (19 March 2020)

The Supreme Court affirmed that the Dunne principles govern the standard of care in medical negligence, including screening cases. The Court held that Quest was negligent in misreading the 2009 slide, and Medlab was negligent in failing to properly assess the adequacy of the 2012 slide, both breaching the required standard. The HSE was found both primarily and vicariously liable due to its organisational role and contractual arrangements. The damages awarded by the High Court, including for loss of consortium and 'lost years', were upheld as fair and reasonable. The failure to disclose audit results warranted nominal damages only, as no further injury was caused.

Citation
[2020] IESC 6
Parties
Plaintiff/respondent: Ruth Morrissey; Plaintiff/respondent: Paul Morrissey; Defendant/appellant: Health Service Executive; Defendant/appellant: Quest Diagnostics Incorporated; Defendant/appellant: Medlab Pathology Limited
Jurisdiction
Ireland
Judgment Date
19 March 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Standard of Care in Medical Screening, Vicarious Liability, Causation in Negligence, Damages Assessment, Disclosure of Audit Results
Medical Negligence Tort Law Health Law Standard of Care in Medical Screening Vicarious Liability Causation in Negligence Damages Assessment Disclosure of Audit Results

Case Brief

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Parties

Ruth Morrissey

Plaintiff/respondent

Paul Morrissey

Plaintiff/respondent

Health Service Executive

Defendant/appellant

Quest Diagnostics Incorporated

Defendant/appellant

Medlab Pathology Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 What is the correct legal standard of care in medical screening negligence cases?
  2. 2 Did Quest and Medlab breach their duty of care in the reading and adequacy assessment of cervical smear slides?
  3. 3 Is the HSE vicariously and/or primarily liable for the negligence of contracted laboratories?

Ratio Decidendi

The Supreme Court affirmed that the Dunne principles govern the standard of care in medical negligence, including screening cases. The Court held that Quest was negligent in misreading the 2009 slide, and Medlab was negligent in failing to properly assess the adequacy of the 2012 slide, both breaching the required standard. The HSE was found both primarily and vicariously liable due to its organisational role and contractual arrangements. The damages awarded by the High Court, including for loss of consortium and 'lost years', were upheld as fair and reasonable. The failure to disclose audit results warranted nominal damages only, as no further injury was caused.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Damages of €2,152,508 awarded to the Morrisseys against all defendants.
  • Additional nominal damages of €10,000 against the HSE for failure to notify audit results.