Kelly v Sleeman & Ors (Unapproved) [2020] IECA 293 (29 October 2020)

Kelly v Sleeman & Ors (Unapproved) [2020] IECA 293 (29 October 2020)

The appeal was dismissed because the appellant failed to adduce any expert medical evidence to support her allegations of negligence or breach of duty, which is a mandatory requirement in medical negligence cases. The absence of such evidence meant no prima facie case was established, and the trial judge was correct to dismiss the claim. The principle of res ipsa loquitur did not apply, and there was no error in refusing an adjournment as none was sought at trial.

Citation
[2020] IECA 293
Parties
Appellant: Frances Kelly; Respondent: Professor Duncan Sleeman; Respondent: University College Cork, National University of Ireland; Respondent: Southern Health Board
Jurisdiction
Ireland
Judgment Date
29 October 2020
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Requirement of Expert Evidence, Prima Facie Case, Costs, Informed Consent, Abuse of Process
Medical Negligence Tort Law Civil Procedure Requirement of Expert Evidence Prima Facie Case Costs Informed Consent Abuse of Process

Case Brief

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Parties

Frances Kelly

Appellant

Professor Duncan Sleeman

Respondent

University College Cork, National University of Ireland

Respondent

Southern Health Board

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant established a prima facie case of medical negligence against the respondents
  2. 2 Whether the absence of expert evidence was fatal to the appellant's claim
  3. 3 Whether the trial judge erred in refusing an adjournment to allow expert evidence

Ratio Decidendi

The appeal was dismissed because the appellant failed to adduce any expert medical evidence to support her allegations of negligence or breach of duty, which is a mandatory requirement in medical negligence cases. The absence of such evidence meant no prima facie case was established, and the trial judge was correct to dismiss the claim. The principle of res ipsa loquitur did not apply, and there was no error in refusing an adjournment as none was sought at trial.

Court Disposition

appeal dismissed

Orders

  • No order as to the costs of the appeal
  • Vacate the High Court order awarding costs to the respondents