AMS v Birthistle (Approved) [2025] IEHC 331 (09 April 2025)

AMS v Birthistle (Approved) [2025] IEHC 331 (09 April 2025)

The court found that, applying the Dunne principles and the standard of care as established by expert evidence, the clinicians at SJH failed to meet the standard of ordinary care required of infectious disease and haematology consultants treating an HIV-positive patient from Spain with HLH and massive splenomegaly...

Source-derived case information.

Citation
[2025] IEHC 331
Parties
Plaintiff: AMS; Defendant: Lorcan Birthistle
Jurisdiction
Ireland
Judgment Date
09 April 2025
Procedural Posture
Medical Negligence Claim / High Court Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Standard of Care, Clinical Negligence, Misdiagnosis, Causation, Quantum of Damages
Medical Negligence Tort Law Standard of Care Clinical Negligence Misdiagnosis Causation Quantum of Damages

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Summary, issues, holding and outcome

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Parties

AMS

Plaintiff

Lorcan Birthistle

Defendant

Procedural Posture

Medical Negligence Claim / High Court Judgment

Legal Issues

  1. 1 Whether St James's Hospital (SJH) breached the standard of care by failing to diagnose visceral leishmaniasis (VL) in a timely manner in an HIV-positive Spanish patient presenting with HLH and massive splenomegaly; Whether the failure to diagnose VL caused additional injury and loss to the plaintiff; What compensation is appropriate for the differential in treatment and outcome.

Ratio Decidendi

The court found that, applying the Dunne principles and the standard of care as established by expert evidence, the clinicians at SJH failed to meet the standard of ordinary care required of infectious disease and haematology consultants treating an HIV-positive patient from Spain with HLH and massive splenomegaly in 2014. The failure to consider and test for VL, given the epidemiological association and clinical presentation, constituted a breach of duty. Earlier diagnosis and treatment with AmBisome would have materially improved the plaintiff's outcome and avoided unnecessary suffering and treatment.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that SJH breached the standard of care in failing to diagnose VL in a timely manner.
  • Award of damages to the plaintiff for pain, suffering, and consequential loss.