The family of a 19-year-old student who died of a bleed to the brain three days after being rushed to a hospital are seeking to bring a High Court challenge over a complaint they made to the Medical Council.
Lisa Niland died at Sligo University Hospital in January 2017 three days after she was brought there following her collapse in a fast-food restaurant with severe head pain and dizziness.
A separate High Court action by her family against the Health Service Executive (HSE) and the hospital was settled nearly four years ago with an apology from the hospital. The settlements were confidential.
On Monday, Lisa’s father Gerard, mother Angela and sister Amy Niland, from Drimbane, Curry, Co Sligo, applied to Ms Justice Mary Rose Gearty for permission to bring judicial review proceedings against the Medical Council and its Preliminary Proceedings Committee (PPC).
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They seek orders quashing a decision about a complaint they made to the PPC and communicated to them on May 10th last. They are seeking an order against the Medical Council quashing its decision to affirm the PPC decision.
They further seek an order remitting the matter to a reconstituted PPC for fresh consideration.
Ms Justice Gearty said she would adjourn the application to allow the respondents to be present at the hearing seeking leave to bring the challenge.
She said she had read the papers and it was an extremely sad case. She had been able to look at some of the surrounding case law and there is authority to the effect that matters before the PPC do not usually require the level of rigour required in other circumstances.
She said she would hear the leave application on notice to the respondents and she was open to either side saying that it can be dealt with on a particular basis.
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