News Archives - Page 8 of 8 - Powderly Solicitors

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In a recent High Court decision, Judges have stated that there is nothing in the new Judicial Guidelines that were brought in 2019 that prevented them from awarding a significant uplift on a person’s award. This is important to note for clients who are involved in a personal injury action and have multiple injuries. The guidelines now allow compensation for a person’s main injury and the High Court recognises that anyone who suffers a secondary injury from an accident is entitled to an uplift on an award. https://www.irishlegal.com/articles/high-court-damages-uplift-in-multiple-injuries-cases-under-guidelines-may-exceed-main-award Should anyone have any queries in relation to this, please contact Powderly Solicitors on 01-6284333 or contactus@powderlysolicitors.ie.

Medical Negligence

As highlighted in our previous article, doctors owe a significant duty of care to their patients once they come under their care. However, it should be noted that doctors and medical practitioners will not be held liable when he or she makes an error of judgement, provided that the error was not an unreasonable one. Many people find this difficult to understand that the standard of care for medical practitioners is lenient in circumstances when their advice and actions can have such detrimental consequences for a patient. However, in the course of medical treatments, in particular where one needs urgent care, certain diagnosis and treatment mistakes will occur regardless of whether the medical practitioner acted carelessly or not. The Courts do not want to create a situation where medical practitioners have to consult with lawyers before making medical care decisions for their patients. Allowing this room for genuine error and medical misadventure allows doctors and medical practitioners to concentrate on their patients’ health rather than be concerned with litigation in the future. Should anyone have any queries in relation to this, please contact Powderly Solicitors on 01-6284333 or contactus@powderlysolicitors.ie.

Duty of Care Requirements

A common query that we often hear is what standard of care a medical practitioner needs to provide to their patients. A duty of care and the required standard of care to be provided arises once either the hospital or the doctor themselves assume responsibility for their patient. It is important to note that a doctor or medical practitioner is not considered to have failed in their duty towards a patient on mere proof that the patient’s condition has deteriorated or has not improved. In ascertaining whether a medical practitioner has failed in their duty of care, the court will take into consideration a number of matters. As set out by Finlay CJ in the case of Dunne (an infant) -v- the National Maternity Hospital and Jackson “if a medical practitioner charged with negligence defends his conduct by establishing that he followed a practice which was general, and which was approved by his colleagues of a similar specialisation and skill, he cannot escape liability if in reply the plaintiff established that such practice has inherent defects which ought to be obvious to any person giving the matter due consideration”. In other words, a doctor or medical practitioner is guilty of failing in their duty and standard of care if it can be shown that no other doctor or medical practitioner of equal standing and skill would have made the same mistake if taking ordinary care. Should anyone have any queries in relation to this, please contact Powderly Solicitors on 01-6284333 or contactus@powderlysolicitors.ie.

New Employment Rights for Parents Commenced

Employees under new legislation (Work Life Balance Act 2023) will now have an entitlement to breast feeding breaks. This will be extended from a current period of six months to two years. This change is welcome as it also will coincide with time limits offered for maternity leave. Should anyone have any queries on the above, please do not hesitate to contact us. https://www.lawsociety.ie/gazette/top-stories/2023/junWork Life Balance Act 2023e/new-employment-rights-for-parents-next-month Should anyone have any queries in relation to this, please contact Powderly Solicitors on 01-6284333 or contactus@powderlysolicitors.ie.

Irish Society could lead to a new Definition of the Family

New Definition of the Family: Addressing the Changing Dynamics of Irish Society. Recently the Attorney General, Rossa Fanning has indicated that there may be a new referendum on the definition of the family. Article 41 of the Irish Constitution states that the State recognises the family as the natural primary and fundamental unit of the group of society and is a moral institute in possessing inalienable and imprescriptible rights, antecedent and superior to all positive law. It is further elaborated in Article 41.3.1 which declares that the State counts itself responsible to guard with special care the institution of marriage on which family is founded and to protect it against attack. One must note that to be considered a family under the Irish Constitution you must be married however, the dynamics of Irish society has changed dramatically since the implementation of the Constitution. It is vitally important that this definition is changed so that all modern family dynamics can be considered as a family unit. Should anyone have any queries in relation to this, please contact Powderly Solicitors on 01-6284333 or contactus@powderlysolicitors.ie.

Domestic Violence (safe) Leave entitlement to Employees

Employees are to be granted Domestic Violence (safe) Leave of up to 5 days paid leave per year. Legislation under the Work Life Balance and Miscellaneous Provisions Bill 2022 which was enacted in September 2022 is due to commence in the autumn of this year. As part of this legislation a range of family-friendly practices will be implemented. One of the new recommendations will be that people who are suffering, or at risk of domestic violence will be entitled to five days of paid leave a year. This is known as Domestic Violence (safe) Leave. This change is welcomed in circumstances where people often find it difficult to come forward to report domestic violence, as well as the time to attend Court to seek Protection Orders, Safety Orders and Barring Orders. Should anyone have any queries in relation to this, please contact Powderly Solicitors on 01-6284333 or contactus@powderlysolicitors.ie.