Fatal Injuries
Fatal Injuries
Fatal Injuries actions are generally taken by the next of kin of the deceased for 2 reasons.
- To establish liability so as to protect the good name of the deceased.
- To provide for dependants such as a spouse or partner and children.
|
Characteristics of a Fatal Injury Case
The InquestIn cases of fatal injury, there will always be an inquest. An inquest is a type of court inquiry presided over by the Coroner for the county or city where the death occurred. Usually the inquest will tale place within several months following the death though it may be delayed in cases where there is a criminal investigation or where complex medical or other technical opinion is required by the coroner. You should have legal representation at an inquest . Cian O'Carroll has represented clients in some of the most complex inquests around Ireland over the last 10 years. We provide specialist representation through our advocate solicitors saving you the expense of barristers. In most cases, our fees are treated as an expense arising from the death and are paid by the party responsible for the death following the successful conclusion of an applicaton to the Injuries Board or any civil proceedings that may follow. |
REad More
What went wrong?
Interestingly, the manufacturer Schering-Plough has stated they are:
confident in the efficacy and safety of Implanon, a contraceptive medicine that has been prescribed to women since its initial approval in September 1999.The basis for successful use of Implanon is a correct and carefully performed subdermal insertion of the implant in accordance with the product instructions. If the implant is not inserted in accordance with the instructions and on the correct day, this may result in an unintended pregnancy. In addition, no contraceptive is 100% effective.'Meanwhile the UK Medicines and Healthcare products Regulatory Agency (MHRA) has issued a Safety Warning stating:
Both Schering-Plough and MHRA would appear to be pointing the finger of blame at doctors for incorrectly implanting the device which is a 4cm long plastic tube. The device has been noted to be difficult to position correctly and a newer device named Nexplanon is now available which allows doctors to verify the correct positioning of the device by x-ray.
If the contraceptive has failed due to incorrect implanting by a doctor, it is likely that a case for professional negligence can be taken against that doctor seeking compensation for the damage caused.
How then does Irish law consider ‘damage’ arising from an unintended pregnancy and what are the limits to what can be claimed?The case of Byrne v. Ryan, Irish High Court 2007 is the current leading case on the issue of unintended pregnancy or ‘wrongful conception’. Here a woman who had undergone a tubal ligation sterilisation procedure in 2000 but became pregnant shortly after and had a second subsequent pregnancy the following year. It transpired that the tubal ligation had been incorrectly performed. The High Court awarded her €90,000 for the pain and suffering of the two pregnancies and allowed €10,000 for a second tubal ligation procedure necessitated by the failure of the first procedure. The court was asked to consider awarding damages for the cost of rearing the children but refused to do so on the grounds that to do so would be against public policy.
Clearly the courts in Ireland and the UK are unwilling to allow a life and the costs associated with that life to be equated with an injury however in the UK, the courts have shown themselves willing to allow additional compensation where the child born of the wrongful conception was born with disability. Should a similar situation come before Irish courts, it is uncertain how the case would be dealt with.
SummaryWomen who have become pregnant while using the contraceptive device Implanon may have a cause of action against the doctor who implanted the device.
Should they be successful in that case, they will be entitled to substantial damages for the pain and discomfort of the pregnancy and birth together with any expenses or losses arising from that.
They will not be entitled to claim damages for the cost of rearing or educating the child of that pregnancy under current law however the issue of special or additional costs associated with rearing a child with disabilities has not been considered by Irish courts but has been allowed in the UK.
Interestingly, the manufacturer Schering-Plough has stated they are:
confident in the efficacy and safety of Implanon, a contraceptive medicine that has been prescribed to women since its initial approval in September 1999.The basis for successful use of Implanon is a correct and carefully performed subdermal insertion of the implant in accordance with the product instructions. If the implant is not inserted in accordance with the instructions and on the correct day, this may result in an unintended pregnancy. In addition, no contraceptive is 100% effective.'Meanwhile the UK Medicines and Healthcare products Regulatory Agency (MHRA) has issued a Safety Warning stating:
- ‘Implanon must be correctly implanted to work effectively. When used correctly Implanon is a safe, effective and reliable contraceptive that prevents pregnancy for up to three years. However, it is important that Implanon is correctly implanted by someone who is trained to fit it. Healthcare professionals who wish to fit Implanon are strongly encouraged to undergo training.’
Both Schering-Plough and MHRA would appear to be pointing the finger of blame at doctors for incorrectly implanting the device which is a 4cm long plastic tube. The device has been noted to be difficult to position correctly and a newer device named Nexplanon is now available which allows doctors to verify the correct positioning of the device by x-ray.
If the contraceptive has failed due to incorrect implanting by a doctor, it is likely that a case for professional negligence can be taken against that doctor seeking compensation for the damage caused.
How then does Irish law consider ‘damage’ arising from an unintended pregnancy and what are the limits to what can be claimed?The case of Byrne v. Ryan, Irish High Court 2007 is the current leading case on the issue of unintended pregnancy or ‘wrongful conception’. Here a woman who had undergone a tubal ligation sterilisation procedure in 2000 but became pregnant shortly after and had a second subsequent pregnancy the following year. It transpired that the tubal ligation had been incorrectly performed. The High Court awarded her €90,000 for the pain and suffering of the two pregnancies and allowed €10,000 for a second tubal ligation procedure necessitated by the failure of the first procedure. The court was asked to consider awarding damages for the cost of rearing the children but refused to do so on the grounds that to do so would be against public policy.
Clearly the courts in Ireland and the UK are unwilling to allow a life and the costs associated with that life to be equated with an injury however in the UK, the courts have shown themselves willing to allow additional compensation where the child born of the wrongful conception was born with disability. Should a similar situation come before Irish courts, it is uncertain how the case would be dealt with.
SummaryWomen who have become pregnant while using the contraceptive device Implanon may have a cause of action against the doctor who implanted the device.
Should they be successful in that case, they will be entitled to substantial damages for the pain and discomfort of the pregnancy and birth together with any expenses or losses arising from that.
They will not be entitled to claim damages for the cost of rearing or educating the child of that pregnancy under current law however the issue of special or additional costs associated with rearing a child with disabilities has not been considered by Irish courts but has been allowed in the UK.
LocationIndaville, Boherclogh, Cashel, Co. Tipperary, E25 V448
|
|
