Legal News (Healthcare Law)

Following several delays to full commencement of the Assisted Decision-Making (Capacity) Act 2015 in its entirety, the Act is now expected on 26 April according to an announcement by the Minister for Children, Equality, Disability, Integration and Youth and Minister of State for Disability.

The Product Liability Directive 1985 has been considered an effective mechanism of civil liability for EU citizens, who have suffered damage as a result of a defective product for over 30 years. It was adopted into Irish law by the Product Liability Act 1991.

In the recent decision of Joan O’Flynn v The HSE & others [2022] IECA 83, the Court of Appeal dismissed an appeal by a defendant, to medical negligence proceedings, in which they sought to compel the plaintiff to deliver expert reports pursuant to Order 39, Rule 46 RSC.

The High Court has delivered a recent judgment in McGuinness v. Sharif and Hermitage Medical Clinic [2022] IEHC 438 in which Hyland J. reaffirms the legal basis for renewing Personal Injury Summons in accordance with Order 8, Rule 4 of the RSC.

The recent judgment of Ms Justice Irvine in relation to an interim suspension application brought by the Health and Social Care Professionals Council (“CORU”) in respect of an optometrist provides a useful restatement of the principles considered by the High Court.

The Nurses and Midwives (Fitness to Practice Subcommittee) Rules (the “Rules”), which came into effect in May of this year, serve to substantially change the manner in which Fitness to Practise Inquiries and investigated and heard by NMBI.