Module 1: 8.10 – 9.40am (1.5 General CPD Points)

Monday 2nd December 2019 = Seminar 1(a) in the Postal Booking Form

Monday 9th December 2019 = Seminar 1(b) in the Postal Booking Form

Personal Injuries – Medical Negligence Law

‘Fight Or Flight – Useful Points Of Practice For Both Plaintiffs & Defendants’

Even within the already unpredictable world of negligence litigation, medical negligence actions have a unique potential to attract spiralling costs and uncertain outcomes.

Indeed, deciding whether or not to issue proceedings for medical negligence is itself a complex and expensive process.

This module will separately focus on actions from both the plaintiff’s and defendant’s perspectives, with plenty of key takeaways. In this session, we’ll explore:

  • Key pointers for gearing up to a successful outcome
  • Key drivers of success/ failure
  • Recommendations on process and approach for practitioners
  • Common pitfalls and issues to watch out for
  • Trends and pipeline indicators potentially impacting this area


  • Initial Attendances – Educating clients from the ‘get go’ (defence assessments, costs, delays)
  • Records and Reports – Gathering what is already available and instructing necessary experts
  • Limitations – From statute barring to informed consents
  • Damages – Maximising heads of damage
  • Case Study – Birth & Birthing Injuries (shoulder dystocia, caesarean section)


Mark O’Hagan BL is a barrister who lives in Dublin and practices on the Eastern, Northern and Dublin Circuits. Mark advises on a wide range of both private and commercial matters including a variety of negligence based actions.’Hagan/6638.aspx

Dr. Brian Foley BL is a barrister specialising in medical negligence litigation. He regularly acts in defence of complex and high value cases and has particular experience and expertise in brain injury cases, paediatric case and cancer misdiagnosis. He has acted in many of the high profile cases in the past several years including in the cervical cancer litigation, symphysiotomy litigation and in many cerebral palsy cases where awards have exceeded the multiples of millions of euro.