Farrell -v- Ryan [2015] IEHC 275 (01 May 2015)

Farrell -v- Ryan [2015] IEHC 275 (01 May 2015)

The plaintiff's claim was not statute-barred because her date of knowledge did not arise until she received her hospital records in August 2011, and proceedings were issued within two years. The symphysiotomy performed twelve days before labour without a trial of labour was not justified by any general or approved medical practice at the time, nor by the standards of the Dublin hospitals, and was therefore negligent. The plaintiff suffered significant physical and psychological injury as a result.

Citation
[2015] IEHC 275
Parties
Plaintiff: Linda Farrell; Defendant: John Ryan
Jurisdiction
Ireland
Judgment Date
01 May 2015
Procedural Posture
Personal Injury/medical Negligence / High Court Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Statute of Limitations, Medical Standard of Care, Historic Medical Practice, Personal Injury, Consent to Medical Treatment
Medical Negligence Tort Law Limitation of Actions Statute of Limitations Medical Standard of Care Historic Medical Practice Personal Injury Consent to Medical Treatment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Linda Farrell

Plaintiff

John Ryan

Defendant

Procedural Posture

Personal Injury/medical Negligence / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff's claim is statute-barred under the Statute of Limitations (Amendment) Act 1991
  2. 2 Whether there was any justification for performing a non-emergency, pre-labour symphysiotomy on the plaintiff in 1963
  3. 3 Whether the procedure was negligent by the standards of medical practice at the time

Ratio Decidendi

The plaintiff's claim was not statute-barred because her date of knowledge did not arise until she received her hospital records in August 2011, and proceedings were issued within two years. The symphysiotomy performed twelve days before labour without a trial of labour was not justified by any general or approved medical practice at the time, nor by the standards of the Dublin hospitals, and was therefore negligent. The plaintiff suffered significant physical and psychological injury as a result.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff entitled to damages for personal injuries arising from negligent performance of symphysiotomy
  • Defendant's plea of statute of limitations dismissed