Negligence action given special date

A medical negligence action, in which a Co Dublin man is suing Blackrock Clinic and a doctor for allegedly having failed to diagnose…

A medical negligence action, in which a Co Dublin man is suing Blackrock Clinic and a doctor for allegedly having failed to diagnose cancer, is to be given a special date for hearing in the Circuit Civil Court.

Mr Patrick Killalea, of Salthill Apartments, Monkstown, is suing Irish Health Care Ltd, Blackrock Clinic, Blackrock, Co Dublin, and Mr Philip Brown for £30,000 damages for alleged negligence, breach of duty, contract and warranty and misrepresentation.

Ms Pauline Walley, counsel for Mr Killalea, when told that the action could not be heard yesterday, told the Circuit Court President, Mr Justice Esmond Smyth, that liability was fully in issue and her client was anxious to proceed. She said it was a negligence action regarding the alleged failure of the defendants to diagnose cancer in 1992. Mr Luan O Braonain, counsel for the defendants, told the court he would call four witnesses, three of whom were experts, and the defendant.

Mr Justice Smyth adjourned the proceedings.