Learn the Latest Legal Developments & Know Your Obligations

Covid-19 – What’s Expected in Terms of Medical Negligence Cases

Causation – The Confusion That Covid-19 Can Cause.  

A one-day conference


Date: 17th September 2020

With a number of recent high-profile cases in the Irish healthcare sector this year, as well as recent important legislation changes, and the rise in the complexities of the cases coming through the legal system, all point to a potential legal crisis facing Irish healthcare. This conference will highlight the relevant case studies that can impact current and future legal outcomes, examine new changes to legislation, explore the minefield of legalities within Irish healthcare and with our expert speakers and panel, delegates get to ask relevant questions and discuss potential future outcomes.

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This conference is aimed at those executives and professionals at the forefront of healthcare in Ireland, from both the healthcare environment and legal community. The conference attracts these two powerful groups to explore and examine the current situation and future of medical negligence litigation.

Some of the key areas of focus will include.

  • Defamation- Affects the medical practitioner
  • Issues of Direct and Vicarious Liability
  • Update on Fitness to Practise Proceedings
  • Statute of Limitations: Date of knowledge
  • Non-delegable duty – Morrissey v HSE
  • Key issues of Causation in Medical Negligence Litigation
  • Recent Developments in relation to Evidence and Proof in cases
  • Treatment and Consent- Developments in the Irish legal system


Full Day Programme


Conference Chairperson & Opening Remarks

Ciaran Mandal B.A. (Mod), BL, The Law Library


Defamation- How this affects the medical practitioner

Speaker: Rebecca Graydon Barrister-at-Law, Law Library

  • Overview – general principles and legislation
  • Internet/social media/online presence
  • Online forums/chatrooms/discussion groups
  • Rights and obligations
  • Remedies

5min Q&A


Case Law Updates

Speaker: Anne Conlon, Barrister-at-Law, The Law Library  

  • Statute of Limitations: Date of knowledge
  • Non-delegable duty – Morrissey v HSE
  • Expert witnesses – conflicts of interest
  • Deprivation of liberty – patients unlawfully detained – or not
  • Most recent cases

5min Q&A


Update on Fitness to Practise Proceedings

Speaker: Dr Simon Mills, Senior Counsel 

  • Recent case law review
  • Contents of new Regulated Professions Bill

Group Q&A


Tea/Coffee Break 


Issues of Direct and Vicarious Liability

Speaker: Sarah Reid, Barrister & Author

  • Independent contractor model under threat?
  • Pleadings and the need to have distinct claims against hospital & Dr.
  • Liability for private hospitals – a new dawn?
  • Recent high-profile cases (Spire UK)

5min Q&A

12.00 Key issues of Causation in Medical Negligence Litigation

Speaker: David Nolan, B.Comm. CEDR Accredited Mediator

  • What is causation? 
  • Causation – The confusion that Covid can cause
  • Breach of duty and causation
  • The “But for” test
  • The difficulties in proving Causation 
  • Recent cases on causation

5min Q&A

12.30 Recent Developments in Medical Negligence Claims

Speaker: Georgina Farren, Barrister-at-Law, the Law Library

  • The impact of Medical Negligence Claims on the State
  • Proposals for Reforming the current system of dealing with negligence claims

Group Q&A

1.15 Lunch 


Treatment and Consent- Developments in the Irish legal system

Speaker: James O Donnell BL, The Law Library

  • The Nature of Consent required
  • Informed Consent:
  • understand what decision needs to be made and why
  • appreciate the likely consequences of making or not making a decision
  • understand, retain, use and weigh up relevant information
  • communicate a decision in a meaningful way.
  • Advice to patients on consent forms in relation to procedure and risks associated with procedure
  • Competence-Capacity to give consent;
  • Refusal of medical treatment;
  • Nature of tort involving lack of consent; – Assault
  • Children: Consent of parents and guardians

5min Q&A

2.15 Damages Update

Speaker: Peter McKenna, Barrister-at-Law, The Law Library

  • The “cap” on general damage s- Morrissey & Anor v Health Service Executive & Ors [2020] IESC 6
  • Pending review of personal injury awards – Judicial Council’s Personal Injuries Guidelines Committee- report anticipated October 2020
  • The Discount Rate post Russell v HSE
  • Interim Payment Orders- A “dead letter”?
2.45 Group Q&A
3.15 Conference Close 

This conference will be of interest to most professionals involved in the provision of healthcare and in particular, directors of nursing, doctors, consultants, healthcare service management executives, private sector healthcare providers, nursing home providers, surgeons and surgical consultants, healthcare in house legal teams, executives in regulatory and compliance environments within healthcare, relevant government bodies and obviously legal consultants, solicitors, barristers and professionals within the legal community.

Anne ConlonAnne Conlon


Anne Conlon BL LLM, MA, MSc, is a practicing barrister working in the area of general practice specialising in employment law, medical negligence law and personal injury law.

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Prior to being called to the Bar Anne worked for over 20 years as a General Manager in the private healthcare sector – a highly regulated environment. Anne completed a Master of Laws (Human Rights) at the University of Keele and a Master of Science (Healthcare Management) at the Royal College of Surgeons in Ireland. In addition, Anne holds qualifications in employment law and data protection law. Anne is a research specialist providing training and research services for several high-profile organisations. Finally, Anne has served as a Chairperson / director on both healthcare industry and NGO boards – including the Dublin Rape Crisis Centre.

Peter McKenna

Peter McKenna

Barrister-at-Law, The Law Library

Peter is a practicing barrister with a broad civil law experience including personal injury, with a particular interest in damages. As an adjunct to practice, he is a co-author of the textbook Damages, a second edition of which is due later this year.

There will be CPD certificates awarded to attendees at this conference. Please check directly with your association or awarding body to see how many points they will award.


Secure your place at the early bird rate and save €100.00 – Early Bird Rate = €435.00 + VAT – (LIMITED AVAILABILITY) – Normal rate €535.00 + VAT

Please note the early bird discount can close sooner than expected once a certain number of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment

CMG Events Conference Discount

  • 10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

You will receive the speakers PowerPoint presentations within 24 hours after the event. 

Tel: 01 293 4764

Email: bookings@cmgevents.ie

   Telephone:+353 1 2933650

Early Bird Rate = €435.00 + VAT - (LIMITED AVAILABILITY) - Normal rate €535.00 + VAT

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