Legal News (Healthcare Law)

Clinical negligence actions and the pre-action protocol have now been put on a statutory footing in the Legal Services Regulation Act 2015 (LSR Act). Jenny Foley offers an overview of this welcome change for both plaintiff and defence lawyers instructed in clinical negligence actions.

Oscar Wilde defined an expert as merely ‘an ordinary man away from home giving advice’. While the use of the term ‘expert’ remains as unfettered now as it did then, recent times have seen the role of an expert in litigation proceedings being placed under much more scrutiny, explains Stephen McGuinness.

In what has been described as a historic moment, the Assisted Decision Making (Capacity) Act was signed into law by President Michael D Higgins on 30 December 2015. The newly-enacted legislation brings about the long-awaited repeal of the Victorian-era Lunacy Regulation (Ireland) Act 1871 and the Marriage of Lunatics Act 1811. By Aoife Nally.

Living wills came one step closer to becoming law in June 2015 when the Department of Health’s statutory provisions on Advance Healthcare Directives (AHDs) were incorporated into the Assisted Decision Making (Capacity) Bill 2013. Aoife Nally provides an update.

Aoife Nally outlines a recent case that highlights the key factors that need to be in place for mediation to play its proper role in the dispute resolution process.

On the 24th September 2015, Mr Justice Michael White delivered judgment in favour of the the Health Service Executive in the matter of Sophie Everard (a minor suing by her mother and next friend, Lisa Everard) -v- the HSE. Yvonne Joyce outlines the case.