Purdy v. Lenihan & Ors [2003] IESC 7 (5 February 2003)

Purdy v. Lenihan & Ors [2003] IESC 7 (5 February 2003)

The plaintiff failed to establish on the balance of probabilities that his cerebral palsy was caused by the defendants' negligence during the final twenty minutes before delivery; the trial judge was entitled to prefer the evidence that the injury occurred during earlier bleeds and that the actions of the medical staff were consistent with accepted medical practice; the application to admit fresh evidence did not meet the legal threshold.

Citation
[2003] IESC 7
Parties
Plaintiff/appellant: Darren Purdy (a person of unsound mind, not so found, suing by and through his mother and next friend Elizabeth Purdy); Defendant/respondent: Michael Lenihan; Defendant/respondent: Kieran O'Driscoll; Defendant/respondent: Margaret Sheridan-Pereira; Defendant/respondent: Moira Skelly; Defendant/respondent: John Strong; Defendant/respondent: John Ryan; Defendant/respondent: Vincent Fenton; Defendant/respondent: National Maternity Hospital, Holles Street, Dublin
Jurisdiction
Ireland
Judgment Date
05 February 2003
Procedural Posture
Civil Appeal (medical Negligence) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Causation in Medical Negligence, Standard of Care, Admission of Fresh Evidence on Appeal, Hospital Liability, Expert Evidence
Medical Negligence Tort Law Causation in Medical Negligence Standard of Care Admission of Fresh Evidence on Appeal Hospital Liability Expert Evidence

Case Brief

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Parties

Darren Purdy (a person of unsound mind, not so found, suing by and through his mother and next friend Elizabeth Purdy)

Plaintiff/appellant

Michael Lenihan

Defendant/respondent

Kieran O'Driscoll

Defendant/respondent

Margaret Sheridan-Pereira

Defendant/respondent

Moira Skelly

Defendant/respondent

John Strong

Defendant/respondent

John Ryan

Defendant/respondent

Vincent Fenton

Defendant/respondent

National Maternity Hospital, Holles Street, Dublin

Defendant/respondent

Procedural Posture

Civil Appeal (medical Negligence) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff established on the balance of probabilities that his cerebral palsy was caused by the defendants' negligence during delivery.
  2. 2 Whether the trial judge erred in findings on causation and standard of care.
  3. 3 Whether fresh evidence should be admitted on appeal.

Ratio Decidendi

The plaintiff failed to establish on the balance of probabilities that his cerebral palsy was caused by the defendants' negligence during the final twenty minutes before delivery; the trial judge was entitled to prefer the evidence that the injury occurred during earlier bleeds and that the actions of the medical staff were consistent with accepted medical practice; the application to admit fresh evidence did not meet the legal threshold.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • No order on the notice to vary served on behalf of the hospital.