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Philp V Ryan
''Philp v Ryan & Anor'' 004IESC 105 is an Irish tort law case concerning the actionability of the 'loss of chance' doctrine in medical negligence. Contrary to the position in England and Wales consolidated in ''Gregg v Scott,'' the Supreme Court of Ireland awarded compensation to the plaintiff for their loss of life expectancy caused by the defendant's negligence, despite the lack of proof on the balance of probabilities that Mr Philp would have otherwise recovered. Facts The plaintiff, David Philp, was referred to Bon Secours Hospital in Cork by his general practitioner, after complaining of abdominal pain. There, the defendant negligently failed to diagnose Mr Philp with prostate cancer, and instead began treatment for prostatitis. Consequently, by the time the correct diagnosis was made 8 months later, the cancer had advanced, although it was unclear to what extent the progression was affected by the delayed treatment. Under Fennelly J's discussion of the loss of chance d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregg V Scott
''Gregg v Scott'' 005UKHL 2is an English tort law case, on the issue of loss of a chance, in causation. It affirms the principle of ''Hotson v East Berkshire Area Health Authority'', on a narrow margin of 3 to 2. Lord Nicholls' dissent is of particular note, in arguing that loss of a chance should be actionable. Facts The defendant, Dr Scott, negligently misdiagnosed the plaintiff's malignant cancer, (non-Hodgkin Lymphoma) stating it to be a benign collection of fatty tissue and thus no further treatment was needed. This had the effect of delaying Mr Gregg's treatment by nine months, reducing his chances of surviving ten years from 42% to 25%. Under the earlier decision of ''Hotson v East Berkshire Area Health Authority'', the view taken at first instance, and by the Court of Appeal, the claimant could not establish the defendant had prevented him being cured, as his original chance of a cure was below 50%. The plaintiff argued that he was entitled to recover for the loss of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burden Of Proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bon Secours Hospital, Cork
The Bon Secours Hospital, Cork is a private hospital in Cork, Ireland. The hospital is part of Bon Secours Mercy Health. This includes sister hospitals in Dublin, Galway, Limerick and Tralee. The hospital has over 18,000 admissions and 29,000 outpatients attendances per year. History The separate hospital and convent blocks in Cork were commissioned by the Bon Secours Sisters and completed in 1915. Services The hospital has 343 in-patient beds. There are 30 day case beds, 30 endoscopy beds and 6 oncology day spaces. The hospital has 5 major and 2 minor operating theatres. Services provided include cardiology, diagnostic imaging, nutrition and dietetics, histopathology, pharmacy, physiotherapy, respiratory medicine, angiography, cardiac rehabilitation, diabetes specialist services, intensive care, and oncology. In 2008 the hospital opened a Rapid Access Chest Pain clinic for same day assessment of chest pain referred patients. In 2009 the hospital opened a Specialist Breast Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prostatitis
Prostatitis is an umbrella term for a variety of medical conditions that incorporate bacterial and non-bacterial origin illnesses in the pelvic region. In contrast with the plain meaning of the word (which means "inflammation of the prostate"), the diagnosis may not always include inflammation. Prostatitis is classified into acute, chronic, asymptomatic inflammatory prostatitis, and chronic pelvic pain syndrome. In the United States, prostatitis is diagnosed in 8% of all male urologist visits and 1% of all primary care physician visits for male genitourinary symptoms. Classification The term ''prostatitis'' refers to inflammation of the tissue of the prostate gland. It may occur as an appropriate physiological response to an infection, or it may occur in the absence of infection. In 1999, the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) devised a new classification system. For more specifics about each type of prostatitis, including information on symp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sine Qua Non
''Sine qua non'' (, ) or ''condicio sine qua non'' (plural: ''condiciones sine quibus non'') is an indispensable and essential action, condition, or ingredient. It was originally a Latin legal term for " conditionwithout which it could not be", "but for...", or "without which here isnothing." Also, "''sine qua non'' causation" is the formal terminology for "but-for causation." Origin and spread As a Latin term, it occurs in the work of Boethius, and originated in Aristotelian expressions. In Classical Latin, the form uses the word (from the verb , , to agree upon), but in later Latin the phrase is also used with , an error in translation as means ''construction'' and not ''condition''. It has passed from a merely legal usage to a more general usage in many languages, including English, German, French, Italian and Spanish. General usage U.S. president Andrew Jackson once gave a toast on the occasion of his receiving an honorary doctorate from Harvard University, responding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Peart (judge)
Michael Peart is a former Irish judge who served as a Judge of the Court of Appeal from 2014 to 2019 and a Judge of the High Court from 2002 to 2014. Early life Peart attended Glenstal Abbey and obtained a BCL degree from University College Dublin. Following his education at the Law Society of Ireland, he was admitted as a solicitor in 1970. He worked at Pearts Solicitors with a speciality in litigation. He represented Bula Mines in litigation against Tara Mine which frequently reached the Supreme Court of Ireland. He is a bencher of the King's Inns. Judicial career He was appointed to the High Court in 2002. He was the first Solicitor appointed to the High Court. He presided over cases in the High Court involving criminal law, judicial review, personal injuries, immigration law and commercial law. Peart became a Judge of the Court of Appeal in October 2014 upon its establishment. In the Court of Appeal, he delivered judgments on appeals involving defamation, judicial revie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nial Fennelly
Nial Fennelly (born 3 May 1942) is a retired Irish judge who served as a Judge of the Supreme Court from 2000 to 2014, Advocate General of the European Court of Justice and a Judge of the European Court of Justice from 1995 to 2000. He was educated at Clongowes Wood College, took a degree in economics at University College Dublin and completed his Bar studies at King's Inns. He was a Barrister-at-Law from 1964 to 1995; when he was appointed as a senior counsel, he based himself full-time in Dublin, but when a junior barrister, he worked both there and on the Southeastern circuit. Fennelly was Chairman of the Bar Council of Ireland shortly before his appointment as Advocate General. Fennelly is president of the Irish Society for European Law. Fennelly is the sole member of the "Commission of Investigation (Certain Matters relative to An Garda Síochána and other persons)", commonly called the Fennelly Commission, a commission of investigation established in April 2014 by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brian McCracken
Brian Moore McCracken (born 13 July 1934) is a retired Irish judge who served as a Judge of the Supreme Court from 2002 to 2006 and a Judge of the High Court from 1995 to 2002. He is an officer of Trinity College, Dublin – ''Visitor of the College''. Education and career McCracken was born in Cork in 1934. He was educated at The High School, Dublin, and later at University of Dublin and King's Inns Dublin. He became a barrister in 1957 and a senior counsel in 1975. McCracken was appointed a High Court judge in 1995 and was elevated to Ireland's Supreme Court in 2002. His in-depth expertise in the field of intellectual property law was widely recognised but he also had expertise in both chancery and commercial law. McCracken Tribunal Judge McCracken was appointed as the sole member of the McCracken Tribunal which was set up by the Bruton Government in February 1997 to investigate reports of secret payments by Ben Dunne Jnr. to former Taoiseach Charles Haughey and form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hotson V East Berkshire Area HA
''Hotson v East Berkshire Area Health Authority'' 9872 All ER 909 is an English tort law case, about the nature of causation. It rejects the idea that people can sue doctors for the loss of a chance to get better, when doctors fail to do as good a job as they could have done. Facts A 13-year-old boy fell out of a tree. He went to hospital where his hip was examined, but an incorrect diagnosis was made. After 5 days it was found that he was suffering from avascular necrosis. This was more advanced and serious than if it had been spotted straight away. By the age of 20 years, there was deformity of the hip joint, restricted mobility and permanent disability. The judge found that even if the diagnosis had made correctly, there was still a 75% risk of the plaintiff's disability developing, but that the medical staff's breach of duty had turned that risk into an inevitability, thereby denying the plaintiff a 25% chance of a good recovery. At first instance, damages were quantified at ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loss Of Chance In English Law
Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss. For these purposes, the remedy of damages is normally intended to compensate for the claimant's loss of expectation (alternative rationales include restitution and reliance). The general rule is that while a loss of chance is compensable when the chance was something promised on a contract it is not generally so in the law of tort, where most cases thus far have been concerned with medical negligence in the public health system. Contract Remedies In contract cases, the court is usually interested in securing the performance of what was agreed. Where one party is about to or has suffered loss as a resu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |