McCann v. O'Reilly [2002] IESC 76 (18 December 2002)

McCann v. O'Reilly [2002] IESC 76 (18 December 2002)

The trial judge was entitled to prefer the defendant's evidence over the plaintiff's where there was a conflict. There was evidence to support the finding that the defendant was not negligent and that the plaintiff was adequately informed and consented. The trial was fair and there was no basis for appellate intervention.

Citation
[2002] IESC 76
Parties
Plaintiff/appellant: Orla McCann; Defendant/respondent: Thomas O'Reilly
Jurisdiction
Ireland
Judgment Date
18 December 2002
Procedural Posture
Medical Negligence Appeal / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Standard of Care, Informed Consent, Appellate Review, Fair Trial
Medical Negligence Tort Law Standard of Care Informed Consent Appellate Review Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Orla McCann

Plaintiff/appellant

Thomas O'Reilly

Defendant/respondent

Procedural Posture

Medical Negligence Appeal / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether the trial judge erred in dismissing the plaintiff's claim for medical negligence
  2. 2 Whether the plaintiff was given a fair trial
  3. 3 Whether the plaintiff was adequately informed and consented to the procedure

Ratio Decidendi

The trial judge was entitled to prefer the defendant's evidence over the plaintiff's where there was a conflict. There was evidence to support the finding that the defendant was not negligent and that the plaintiff was adequately informed and consented. The trial was fair and there was no basis for appellate intervention.

Court Disposition

Appeal dismissed; High Court order affirmed