HSE loose bid to strike out High Court Action on behalf of deceased
The High Court has ruled that the husband of a woman who died following an alleged failure on behalf of Our Lady's Hospital Navan to correctly diagnose the return of a fatal cancer in 2007, is entitled to maintain a claim for damages against the HSE.
The HSE had sought to argue that because neither the woman in question nor her husband had brought a case against the HSE for a period of over two years from when the failure to diagnose first came to light, the claim against the HSE was statute barred.
Holding against the State Ms. Justice Baker found that the woman's husband was entitled to maintain a claim for fatal injuries against the HSE same having being instituted within two years of the date of the woman's death.
The HSE have indicated they are to appeal the decision.