Oireachtas Joint and Select Committees

Thursday, 8 November 2018

Public Accounts Committee

Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation

9:00 am

Mr. Ciarán Breen:

We have two different types of case. In medical negligence cases, which are specialist in the way that they are set out, we get a letter of claim normally where the plaintiff, through his or her solicitor, sets out what he or she is claiming for. They will allege that there was something wrong with the care they received or a misdiagnosis or whatever. Immediately after that, the plaintiff begins to get expert reports to be able to give evidence on liability. We get expert reports in order to see was there, in fact, a liability. If there is a liability, we normally admit that we have a liability at that stage. From that stage on, the parties either engage each other by way of settlement, and they either can, or else it goes on and the legal proceedings go over and back between the parties.

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