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Matheson’s Healthcare newsletter

AUTHOR(S): Tom Hayes, Rebecca Ryan, Michael Finn
PRACTICE AREA GROUP: Healthcare
DATE: 05.08.2015

Welcome to our Healthcare newsletter. In this issue we examine the Medical Council review of complaints, proposed changes to periodic payments in catastrophic injury claims, and consider the potential impact of after the event insurance as a legitimate method of third party funding.  We also review recent decisions regarding the exchange of expert reports, the requirements for an Injuries Board Authorisation in personal injury claims arising from a product liability claim, and the potential implications for the medical devices industry of a recent referral to the European Court of Justice on the PIP Breast Implant saga.  We consider the legislative developments proposed in the introduction of landmark legislation on assisted human reproduction and the impact of the new Regulation of Lobbying Act 2015.

Male doctors twice as likely to have complaint made against them to Medical Council

The Medical Council recently published a review of complaints received between 2008 and 2012.  Over 2000 complaints were received during this time.

Proposed changes to the provision of periodic payments in catastrophic injury claims

On 27 May 2015, the Government published the draft heads of the Civil Liability (Amendment Bill) 2015.  The Bill introduces a new model to allow for the provision of periodic payment orders in cases before the Irish Courts where a plaintiff has suffered catastrophic injuries.

ATE insurance given the amber light by Court of Appeal

In the recent instalment in the case of Greenclean Waste Management Ltd v Leahy, the Court of Appeal considered after-the-event ("ATE") insurance for the first time.

“Equality of Arms” concept pervades High Court decision on the exchange of expert evidence

The recent High Court judgment in Harrington v Cork City Council and Cork County Council clarified a party's disclosure obligations where one party does not hold any expert reports.

Injuries Board Authorisation required in personal injury claims arising from a product liability claim

A High Court ruling has held that an authorisation from the Injuries Board is required before proceedings are issued in any personal injury claim arising from a claim of product liability against a producer.

The Lobbying Register: Facilitating Transparency

The Regulation of Lobbying Act 2015 recently passed by the Irish Government introduces new registration and disclosure requirements for those carrying out lobbying activities.

The future of legislation for surrogacy in Ireland

Following a Supreme Court decision which gave no entitlements to a genetic mother of twins to be registered as their legal mother, the Irish Government has commited to introducing legislation on assisted human reproduction.  It is hoped that this legislation will bring an end to the regulatory vacuum in Ireland regarding this complex area.

European Court of Justice considers scope of liability for Notified Bodies

A recent German case which has been referred to the European Court of Justice may have far reaching impacts for the medical devices industry, and indeed other regulated industries, in Europe.  The case is one of a series of cases arising out of the PIP breast implant scandal.

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