31 Jul 2015
Even if there was a delayed or missed diagnosis, the appellant failed to establish any injury caused by the treatment or by the failure to diagnose and there was no material worsening of outcome or need for different treatment; therefore no treatment injury under s32 and the appeal must be dismissed.
2 Dec 2013
The continuation of the appellant's pregnancy after the 20‑week misdiagnosis is capable of being a "personal injury" and, subject to proof of causation on the balance of probabilities (including that the appellant would have been able to obtain a lawful termination), constitutes a treatment injury under the Act; further evidence on eligibility for termination is required and the case is referred to the District Court.
4 May 2009
The Court held the appellant's injuries were natural and likely consequences of the underlying HSE and were not caused by treatment; earlier diagnosis was not clinically feasible so s32(2)(a) excludes cover and the respondent's refusal of cover was correctly confirmed, therefore the appeal is dismissed.