A roundup of today's other courts news in brief
Midwife loses High Court challenge
The High Court has dismissed a challenge by a midwife to a recommendation by the nursing board she should be advised over the care she provided to a mother during the delivery of her baby which later died.
While there was no allegation the care of midwife Irene Brennan contributed to the child’s death, a fitness to practice committee of An Bord Altranais found Ms Brennan, Oylegate, Enniscorthy, Wexford, guilty of professional misconduct in relation to how she dealt with the mother. On the basis of this, the board admonished her and required her to undergo retraining.
Notwithstanding the careful arguments advanced on behalf of Ms Brennan, she failed to demonstrate any flaw in the procedures which would require cancellation of the board’s decision, Ms Justice Elizabeth Dunne ruled yesterday.
Medical negligence case dismissed
The High Court has dismissed a man’s action against a surgeon and a hospital arising out of his treatment for kidney and bladder complaints.
Mr Justice John Quirke ruled yesterday that Denis O’Leary (45) had not established negligence by the defendants in his treatment.
Mr O’Leary, Harbour View Road, Knocknaheeney, Cork, sued the Mercy University Hospital and temporary consultant urologist Dr Khalid M Ali Chiad Al-Safi, who denied the claims.
Mr O’Leary claimed, due to alleged negligence, his left kidney deteriorated between January and August 2002 while he was undergoing anti-TB therapy. The judge did not accept Mr O’Leary’s claims the doctor had said the chances of successful surgery were 100 per cent.
Man released as road is removed
A man jailed for contempt of court orders requiring him to remove an unauthorised road in Co Kildare has been released from Mountjoy.
Mr Justice John Quirke had jailed Leo Price for six weeks over his failure to comply with three court orders dating back to 2004 requiring him remove a road built on lands at Feighcullen, Rathangan, Co Kildare, and to restore the lands.
Kildare County Council had brought the committal proceedings.
Mr Justice Quirke suspended the balance of the sentence and directed the release of Mr Price after being informed the 300m road, constructed to provide access to 16 sites for housing, had been removed.
UK claims over Irish jurisdiction rejected
The High Court has again rejected claims by the UK- Medical Defence Union that the Irish courts do not have jurisdiction to decide whether the MDU is entitled to refuse indemnity cover to Irish consultants.
In a reserved judgment yesterday, Mr Justice Liam McKechnie again dismissed its claims the Irish courts have no jurisdiction in the matter and refused to refer the matter back to the European Court.
The issue relating to the MDU’s liability for indemnity cover arose in two actions.