Death, Time Barred Claims And The Equitable Doctrine Of Unconscionability

• Published date: 18 February 2022
• Law Firm: William Fry
• Author: Ms Margaret Muldowney and Mary Cooney

High Court dismisses claim against deceased doctor's estate as statute barred pursuant to s. 9(2)(b) of the Civil Liability Act, 1961.

The High Court dismissed a husband and wife's claims against the estate of a consultant histopathologist, who is alleged to have acted negligently in the testing and reporting of a histology sample carried out in January 2014. The claim was part of medical negligence proceedings taken against numerous defendants relating to an alleged delayed diagnosis of cervical cancer.

In what was undisputed evidence, the plaintiffs' solicitors did not become aware of the doctor's date of death until after the two-year statutory period for issuing proceedings under s. 9(2)(b) of the Civil Liability Act, 1961 (1961 Act) had expired...