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ARTICLE · 20 NOVEMBER 2019

Can A Medical Negligence Claim Continue After A Defendant's Death?

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What happens in a medical negligence case where the defendant medical practitioner dies before proceedings are issued?

IrelandLitigation, Mediation & Arbitration
Fergal Dennehy
Fergal Dennehy
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What happens in a medical negligence case where the defendant medical practitioner dies before proceedings are issued?

The recent case of Gannon Maguire v O'Callaghan sheds some light on the approach a court may take if a medical professional passes away before proceedings are initiated.

  • In this case, the plaintiff, at the age of 15, visited her GP, Dr. O'Callaghan on the 5th of March 2013 complaining of a lump in her neck.
  • The plaintiff alleged that upon examination, Dr. O'Callaghan came to the conclusion that the lump in question was just mere tissue and nothing to be considered serious.
  • The plaintiff was then referred to Temple Street Hospital for a blood test. However, after having said test, she subsequently heard nothing further.

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