Family of student (19) who died of brain haemorrhage asks High Court to review Medical Council complaint – The Irish Times

The family of a 19-year-old student who died of a brain haemorrhage three days after being rushed to hospital are seeking a High Court challenge to a claim lodged with the Medical Council.

Lisa Niland died at Sligo University Hospital in January 2017, three days after being brought there following her collapse at a fast food restaurant with severe headaches and dizziness.

A separate High Court action brought by his family against the Health Service Executive (HSE) and the hospital was settled almost four years ago with an apology from the hospital. The regulations were confidential.

Lisa’s father Gerard, mother Angela and sister Amy Niland, of Drimbane, Curry, Co Sligo, on Monday applied to Ms Justice Mary Rose Gearty for permission to commence judicial review proceedings against the Medical Council and its Preliminary Procedures Committee (PPC).

They are requesting the annulment of a decision relating to a complaint that they filed with the PPC and which was communicated to them on May 10. They seek an order against the Medical Council quashing its decision to uphold the PPC’s decision.

They further seek an order referring the matter to a reconstituted CPC for further consideration.

Justice Gearty said she would adjourn the application to allow the respondents to be present at the hearing to seek permission to challenge the decision.

She said she had read the papers and it was an extremely sad case. She was able to review some of the surrounding case law and there is case law to the effect that cases brought before the CPC generally do not require the level of rigor required in other circumstances.

She said she would hear the application for leave on notice to the respondents and was open to either party saying the matter could be dealt with on a particular basis.