Conference Chairperson & Opening Remarks

Roger Murray SC, Partner, Callan Tansey Solicitors

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Consequences of delays in treatment and the impact on clinical negligence claims

Kevin Power, Partner, Healthcare and Medical Law team Mayson Hayes and Curran

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Virtual Clinics: A legal perspective

Stephen McGuinness, Partner, Healthcare Team, Hayes Solicitors

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Common Issues on the Plaintiff and Defendant’s Side

Plaintiff

• Taking Comprehensive Instructions
• Obtaining the Plaintiff’s medical notes and records
• Onus of Proof
• Limitation period
• Choosing the right expert
• Giving Advance Warning of the Claim
• General Challenges

Defendant

• Notification of a claim
• Practical Tips on receipt of a claim
• Investing a claim
• Expert Opinion
• Resolving the claims
• Mediation

Avril Scally, Partner, Clinical Negligence at Lavelle Partners LLP

Nicholas Moore, Solicitor at Lavelle Partners LLP

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Miscommunication and Consent

• What does it mean to consent a patient?
• Timing of consent: Fitzpatrick v Eye and Ear Hospital
• Extent of consent: Risks and likely occurrence Montgomery v Lanarkshire Health Board & beyond
• Modern clinical practices & the use of digital resources
• Communication barriers & understanding the patient perspective
• HSE and Medical Council guidelines

Sarah Reid, BL, The Law Library

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Case Law- Up to date cases gone through the courts

• Recent case law

David Boughton, Barrister-at-Law, Law Library

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Solicitor referrals to Experts

• View of the Irish courts and case law
• Role of the expert
• Approach of other jurisdictions
• Practical implications for Solicitors and Counsel
• Type of consultant – psychiatrist different to a surgeon

Órla Kelly, Partner, Cantillons Solicitors

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Conflict of Interest- The Risks of treating someone you know

• General principles & rationale
• Irish caselaw
• UK caselaw
• International caselaw
• Medical council guidelines and ethical obligations
• UK/International guidelines and experience

Rebecca Graydon Barrister-at-Law, Law Library

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Costs Protection:  The importance of lodgements and the benefits and risks of making and rejecting the same

• A review of the process and the importance of Making and Tender or Lodgement in the course of the Proceedings.
• The consequences which may flow for the acceptance and rejection of the same.
• The importance of the timing of making a Tender or Lodgement
• A review of key cases applicable to the same.

Michael Monaghan LLB, Legal Cost Accountant, Abacus Law Cost Consultants

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