On Friday, Mr Justice Cross said he had simply applied the principals outlined in an English Court of Appeal judgment called Penney Palmer & Canon.
In medical negligence cases, Irish courts look to a 1989 ruling called the Dunne case, which says the true test for establishing negligence “in diagnosis or treatment” by a medical practitioner, is whether he or she is guilty of such failure as no colleague of equal skill would be similarly guilty “if acting with ordinary care”.
In the Penney case, it was decided that if the screener had any doubt, he or she should not classify a slide as negative. The test should be “absolute confidence”.The Morrissey ruling says the exact opposite. Ms Morrissey’s smears were inaccurately read twice by two different labs. In the 2009 instance, the judge found it involved negligence.
Right or wrong all decisions in law should be scrutinised
He’s a judge. He hasn’t studied medicine or science. I trust a judge on legal matters and a doctor/scientist on medical ones. There’s not one diagnostic process out there that is 100%.
It is unfortunate that the ruling was delivered and reported on the Friday of a bankholiday weekend, but the written judgement itself not widely available until 5 days later.
What would the medical profession know about medicine?
What else did he think was going to happen?If you make a ruling about a service, the service will describe the impact on services of the ruling. Could IT publish full judgement? I’m curious to see how he handled “false negative”/interval cancers etc
This is good
felixmlarkin Too many principals and not enough principles?
'…Sounding at times emotional…' Aw shur, the poor baba.
DamienMcC_dli Hey , what's a quality newspaper like you doing using the word 'principals' instead of 'principles' three times in the one article?
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Source: IrishTimes - 🏆 3. / 98 Read more »