Hill -v- Health Service Executive [2016] IEHC 746 (14 December 2016)

Hill -v- Health Service Executive [2016] IEHC 746 (14 December 2016)

Failure by the treating surgeon to notice a significant ureter tear during re-examination constituted negligence and breach of duty, as the tear was sufficiently visible and should have been detected and treated with a stent, thereby avoiding subsequent permanent injury and loss.

Citation
[2016] IEHC 746
Parties
Plaintiff: Thomas Hill; Defendant: Health Service Executive
Jurisdiction
Ireland
Judgment Date
14 December 2016
Procedural Posture
Personal Injury / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Informed Consent, Standard of Care, Causation, Damages
Medical Negligence Tort Law Informed Consent Standard of Care Causation Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Hill

Plaintiff

Health Service Executive

Defendant

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Whether the defendant breached the duty of care during the ureter stone removal procedure
  2. 2 Whether informed consent was properly obtained
  3. 3 Whether failure to promptly diagnose and treat the ureter tear constituted negligence

Ratio Decidendi

Failure by the treating surgeon to notice a significant ureter tear during re-examination constituted negligence and breach of duty, as the tear was sufficiently visible and should have been detected and treated with a stent, thereby avoiding subsequent permanent injury and loss.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to pay special damages of €8,500
  • Defendant to pay loss of earnings to date of €312,788.66