High Court Confirms Scope Of Duty Of Care Owed By Screening Service Providers

• Law Firm: William Fry
• Subject Matter: Food, Drugs, Healthcare, Life Sciences
• Author: Ms Margaret Muldowney, Mary Cooney and Barry Murphy
• Published date: 11 July 2023

The High Court has today affirmed the 2019 decision of Mr Justice Cross, in Morrissey v HSE and others [2019] IEHC 268 (Morrissey), that there is no duty of care owed by screening services to relatives of those who participate in a screening programme.

Mr Justice O'Connor delivered the ruling in Mitchell v HSE and others, proceedings against the HSE brought by the parents (plaintiffs) of a woman who participated in the CervicalCheck screening programme, and who sadly passed away. The HSE joined a screening laboratory as a Third Party to the proceedings in which the plaintiffs sought damages for nervous shock and mental distress.

This is an important decision of the High Court for screening programmes in Ireland. It is particularly timely as it follows the publication of the International Agency for Research on Cancer (IARC) Working Group Report on Recommendations on Best Practices in Cervical Screening Programmes.

In his judgment, O'Connor J said that whether a duty of care exists and what a...