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Ciarán O'Rorke - Consultant

Ciarán is a consultant in the Healthcare team at Hayes solicitors. Ciarán specialises in medical negligence and has more than 30 years’ experience of acting on behalf of healthcare professionals, doctors and hospitals in medical and dental actions. His experience of complex high value claims includes many of the major brain damaged infant and cerebral palsy cases.

Ciarán is a prominent advocate of reform in clinical negligence litigation in Ireland. He is one of only two solicitors appointed by the President of the High Court to the Working Group on Medical Negligence and Periodic Payments. The Working Group has recommended the introduction of pre-action protocols, Periodic Payment Orders (PPOs) and case management procedures which have been accepted by the Irish Government and are awaiting legislation. These reforms aim to improve the process for progressing claims for damages in medical negligence cases resulting in a better and fairer system for all involved.

Expertise

Ciarán is a consultant in the Healthcare team at Hayes solicitors. Ciarán specialises in medical negligence and has more than 30 years’ experience of acting on behalf of healthcare professionals, doctors and hospitals in medical and dental actions. His experience of complex high value claims includes many of the major brain damaged infant and cerebral palsy cases.

Ciarán is a prominent advocate of reform in clinical negligence litigation in Ireland. He is one of only two solicitors appointed by the President of the High Court to the Working Group on Medical Negligence and Periodic Payments. The Working Group has recommended the introduction of pre-action protocols, Periodic Payment Orders (PPOs) and case management procedures which have been accepted by the Irish Government and are awaiting legislation. These reforms aim to improve the process for progressing claims for damages in medical negligence cases resulting in a better and fairer system for all involved.

Experience

  • Acting for healthcare professionals and hospitals in numerous cases leading to landmark decisions of both High Court and Supreme Court on issues including informed consent/disclosure of risks, the Statute of Limitations, loss of chance and damages which have been the subject of academic discussions and analysis in legal journals and textbooks
  • Leading practitioner in cases involving Periodic Payment Orders (PPOs) in Ireland, dating back to one of the first PPOs in a high value clinical claim (October 2011).
  • Experienced in handling extremely complex cerebral palsy cases, including cutting edge genetic investigations used in the defence of medical malpractice actions.
  • In recent years, Ciarán has acted as the chief legal adviser to both the HSE South Eastern Area and the HSE North Eastern Area on the formulation of a comprehensive and detailed policy on consent which was published and implemented
  • Providing urgent telephone advice on all areas of medical and healthcare law to healthcare providers employed by the HSE at the request of the Department of Health prior to the service being taken over by the State Claims Agency
  • Advising a major Dublin hospital on the establishment of its Research Ethics committee and becoming a member of that committee
  • Recognised as playing a leading role in addressing the costs of medical negligence actions, including judicial review of Plaintiff’s costs
  • Advising a number of HSE healthcare professionals and Risk Managers on medico-legal issues including protocols and guidelines, independent reviews, consent, retention of records, record keeping and claims handling.

Qualifications/Education

  • Bachelor of Civil Law Degree, University College Dublin
  • Professional qualification as a solicitor, Law Society of Ireland, 1982

Memberships

  • Law Society of Ireland
  • Dublin Solicitors Bar Association
  • Irish Healthcare Risk Management Association
  • Physician Insurers Association of America.

Other

  • Ciarán was a main speaker at Embracing Reform: the new landscape in clinical negligence litigation, a major conference hosted by Hayes solicitors in May 2014.
  • Ciarán regularly lectures on the law of clinical negligence, discovery (damages/future direction) and a wide range of risk management topics including consent, advance directives, Do Not Resuscitate (DNR) Orders, record keeping, practice and procedure, claims handling, legal requirements, the Freedom of Information Acts, medication errors, open disclosure and the Data Protection Acts
  • Ciarán took part in one of the first mediation conferences in a high value clinical negligence claim.


Testimonials