Ed Madden, BL, seems to be at a latest Excessive Court docket case through which the household of a younger lady who died in hospital introduced an utility for depart to judicially evaluation a choice of the Preliminary Proceedings Committee of the Medical Council
In n December 2024, the Excessive Court docket delivered its ruling on an utility for depart to judicially evaluation a choice of the Preliminary Proceedings Committee (‘PPC’) of the Medical Council.
When the case got here on for listening to, the Court docket was informed of the tragic background to the case. The loss of life of a younger lady in hospital led to an investigation into the circumstances of her loss of life. Her household, who had been the Candidates within the case, had critical reservations concerning the occasions surrounding her loss of life, and had raised ‘substantial points concerning the equity of the following investigation into her medical care’.
The principal grounds for the appliance had been in respect of the procedures adopted by the PPC in reaching a choice concerning the alleged negligence of a treating physician on the evening of the younger lady’s loss of life.
The Candidates claimed that the Medical Council and the PPC (the Respondents within the case) didn’t settle for submissions from them in respect of alleged failures of care, and didn’t contemplate a medical report ready by an knowledgeable retained on their behalf.
There was additionally an allegation of goal bias in respect of 1 member of the PPC who had served with the treating physician in a unique context for a ample time frame ‘to boost issues concerning the problem of goal bias in respect of their skilled relationship’.
When the Respondents had been placed on discover of the appliance, they met the appliance by conceding that particular orders in line with the assertion of grounds ready on behalf of the Candidates could possibly be made: they conceded the purpose in respect of the target bias problem, and agreed that the matter could possibly be remitted to a in a different way constituted PPC; they confirmed in correspondence that submissions could possibly be made on behalf of the Candidates to that Committee.
The letter providing this compromise particularly famous that the provide included the making of submissions in respect of the medical knowledgeable report, which the household had argued was not thought of within the impugned resolution.
The Candidates objected to the Respondents’ proposal and requested that the problem be listed for listening to within the Excessive Court docket.
It was submitted that this was a case through which the household had issues concerning the Respondents’ investigation and procedures and that they wished a Excessive Court docket listening to to find out the issues raised. It was argued that there have been ‘reside points in respect of the parameters of the PPC listening to and the household’s rights’.
Giving her judgment within the case, Ms Justice Gearty mentioned that whereas there may need been debatable grounds for the current utility when it was first made, there was no authority to help the proposition that if one celebration considerably concedes the case, the Court docket is nonetheless required to embark on a listening to on the idea that the events are entitled to know the Court docket’s view.
Whereas she was ‘sympathetic’ to the current Candidates and understood why their directions had been to hunt a full Excessive Court docket listening to, this represented a misguided view as to what could possibly be achieved. As a matter of regulation, essentially the most substantial a part of any aid that they might acquire within the Excessive Court docket was now being supplied to them within the type of a full rehearing earlier than a in a different way constituted PPC.
Most importantly, they’d now been reassured that the knowledgeable medical report, which opened the query of potential negligence, could be thought of by that newly constituted PPC. Any objection to this matter being remitted to a newly constituted PPC, might solely be based mostly on a misunderstanding of the function of the courts.
The best aid {that a} decide within the case might provide to the events was to remit the case to the decision-maker. The PPC is the physique that may in the end assess the case, whether or not or not there was a Excessive Court docket listening to. Any distrust on the Candidates’ half couldn’t be addressed by eradicating the choice from a physique that’s, underneath regulation, charged with making the choice. Had been there to be any lack of truthful procedures within the new resolution, this may be a matter for the Candidates to contemplate at the moment.
The Court docket granted certiorari quashing the unique resolution of the PPC on the idea conceded by the Respondents and remitted the case for re-hearing earlier than a newly constituted PPC. 
Reference: [2024] IEHC 734
