Crumlish v Health Service Executive (Unapproved) [2024] IECA 281 (21 November 2024)

Crumlish v Health Service Executive (Unapproved) [2024] IECA 281 (21 November 2024)

Plaintiff failed to establish causation; High Court found the lump was probably a cyst, not a tumour. No grounds advanced to deprive the defendant of its prima facie right to costs as the entirely successful party.

Citation
[2024] IECA 281
Parties
Plaintiff/appellant: Catriona Crumlish; Defendant/respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
21 November 2024
Procedural Posture
Civil Appeal / Costs Ruling Post Appeal
Outcome
costs awarded to respondent
Legal Topics
Costs, Causation, Breast Cancer Screening, Expert Evidence
Medical Negligence Civil Procedure Costs Causation Breast Cancer Screening Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Catriona Crumlish

Plaintiff/appellant

Health Service Executive

Defendant/respondent

Procedural Posture

Civil Appeal / Costs Ruling Post Appeal

Legal Issues

  1. 1 Whether costs should be awarded to the successful party in light of alleged public importance and evidential deficit
  2. 2 Whether the defendant's failure to aspirate the breast lump constituted a breach of duty

Ratio Decidendi

Plaintiff failed to establish causation; High Court found the lump was probably a cyst, not a tumour. No grounds advanced to deprive the defendant of its prima facie right to costs as the entirely successful party.

Court Disposition

costs awarded to respondent

Orders

  • Costs of the appeal awarded to the defendant/respondent