Working Holiday Programme

Immigration Update - No Comments » - Posted on February, 8 at 12:22 pm

In 2013 the Irish Naturalisation and Immigration Service will  introduce a Working Holiday Programme for young people who are holders of a Republic of China  passport. This will be a reciprocal arrangement with the Republic of China  who will introduce a similar programme for young people who are holders of an Irish passport on the same date.  This Working Holiday Programme is designed to promote an appreciation of culture and way of life between Ireland and other countries.

Contact us at Aidan T. Stapleton & Co. Solicitors on 01 679 7939 or info@astapleton.com today for a consultation.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

Settlement and HSE apology for woman whose breast cancer was misdiagnosed

An apology has issued to a woman whose breast cancer was misdiagnosed three times as a result of personal injury and medical negligence proceedings brought against the HSE.  The apology from the HSE arises as the Plaintiff, Olive Fahey, had to undergo a mastectomy 19 months after the initial misdiagnosis when an invasive cancer was finally discovered.  The surgeon and consultant radiologist involved in the medical misdiagnosis of Mrs. Fahey also admitted liability.

The apology was read out in the High Court as part of Mrs. Fahey’s settlement of her aggravated damages action as a result of the medical misdiagnosis.  While an admission of negligence and an apology finally issued, this only arose after five years of defending Mrs. Fahey’s personal injury proceedings issued in this action.

As a result of the settlement reached, the High Court heard that on three separate occasions between September 2005 and March 2007, Mrs. Fahey was told and assured that she did not have breast cancer.  An infiltrating invasive cancer was finally discovered in 2007 in a case which sparked off a review of the breast cancer services at the Limerick Hospital.

 

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

Award of €850,000 plus legal costs awarded to family of deceased woman

 

Mayo General Hospital admitted liability in relation to the death of 38-year-old woman who died hours after giving birth to her second child.  The admission of liability gave rise to a settlement ruled by the High Court in the amount of €850,000 plus legal costs to the family of the deceased woman.  The sum includes payments for two children and the maximum €25,395 payable for mental distress.  The deceased woman, Evelyn Flanagan, was employed as an acting senior staff officer at the time of her death.

The fatal injury proceedings were issued against the HSE and a consultant obstetrician, Dr. Murtada Mohamed, alleging medical negligence in that the care given to the deceased woman at Mayo General Hospital was substandard and led to her death.  It was alleged she suffered a post-partum haemorrhage as a result of a rupture of the uterus that was not detected or adequately dealt with.  Although an initial post-mortem suggested Mrs Flanagan’s death was the direct result of an amniotic fluid embolism (AFE), a rare obstetric emergency, the family claimed the sudden deterioration in her condition could be attributed to postpartum haemorrhage.

The settlement arose following a mediation of the fatal injury action during which the hospital admitted liability. The settlement is to be paid by the HSE with the case against Dr. Mohamed struck out.

At inquest proceedings in 2008 and 2009, it was argued on behalf of the family that Mrs. Flanagan’s death could have been avoided.  The jury at the inquest returned a verdict of death by medical misadventure.

The family of Mrs. Flanagan was entitled to bring the proceedings alleging medical negligence causing her death under Part IV of the Civil Liability Act 1961 which is the principal relevant legislation for fatal injury claims. This legislation allows for an action to be brought and a claim to be made for financial loss, funeral expenses and mental distress on behalf of all the dependants as a result of the deceased’s death.

Contact us at Aidan T. Stapleton & Co. Solicitors on 01 679 7939 or info@astapleton.com today for a consultation.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

Defective DuPuy Hip Products

Uncategorized - No Comments » - Posted on September, 26 at 9:23 pm

Some 3,500 people had defective DePuy Orthopaedics hip joints fitted in Ireland in 16 public and 14 private hospitals before DePuy ordered a worldwide recall of the product in 2010.

In August 2010, DePuy Orthopaedics issued a voluntary recall of its defective hip joints after receiving new, then-unpublished data from a joint replacement registry in the UK.  3,500 people in Ireland had the defective hip joints fitted in Ireland in 16 public and 14 private hospitals before the recall was announced.

The Oireachtas Committee on Health and Children was told patients suffered terribly when difficulties developed with the replacement hips and long-term damage many be done to organs as a result of leakages of chromium and cobalt. It also heard of long delays in accessing files from the HSE, difficulties and delays with blood tests and scans and ongoing pain.

If you have been fitted with a defective DePuy ASR Hip, you should contact an experienced solicitor who is experienced in medical negligence and malpractice suits.  If you are interested in seeking damages for the pain and injury you have suffered as a result of the defective hip being fitted, you should contact us as soon as possible in order that a claim may be filed on your behalf.  While you have two years from the date of discovery to file a claim, it is important that it is done as soon as possible in order that all facts and medical evidence may be gathered and an independent medical report obtained.

Contact us at Aidan T. Stapleton & Co. Solicitors on 01 679 7939 or info@astapleton.com today for a consultation to discuss your claim.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

Increase in claims to InjuriesBoard.ie

InjuriesBoard.ie which was formerly known as the Personal Injuries Assessment Board has today released figures that it received over 14,600 personal injury claims in the first six months of the year.  This was a  increase of 4.1% on the same period last year.

 

InjuriesBoard.ie also stated it is dealing with a number of claims linked to injuries arising from Thalidomide and hip replacements.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

Best Will in the World Week from Monday 22nd to Friday 26th October 2012

Probate - No Comments » - Posted on September, 13 at 11:28 pm

Aidan T. Stapleton & Co. Solicitors have signed up to provide advisory services to those wishing to make a Will during the week of 22nd to 26th October 2012.

 

As part of the Best Will in the World Week organised by MyLegacy.ie, the Dublin solicitors firm of Aidan T. Stapleton & Co. Solicitors have signed up to offer Will consultations for a flat fee of €50 (to include VAT) per client.  This €50 per client fee is for an initial consultation and taking of outline instructions.  Any further fees likely to be incurred will be advised during the initial consultation.

 

Making a Will is one of the most important ways in ensuring that your wishes are carried out post-death and that your dependents are provided for after you die; subject to certain rights of spouses / civil partners and children.  It is important to obtain legal advice on the correct way a Will must be executed.  This is particularly important in order to avoid an intestate situation based on a refusal of a Will to be admitted to probate or a successful challenge to a Will.

 

Should you be interested in arranging a consultation during the week of 22nd to 26th October 2012, contact us by telephone on 01 679 7939 or by email at info@astapleton.com to arrange.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

Stress and Bullying in the Workplace

Accident/Personal Injury Claims, Uncategorized - No Comments » - Posted on August, 20 at 8:17 pm

Under the Health and Safety at Work Act 2005, an employer has a duty to provide safe systems at work.  This extends to obligations which ensure that the employer addresses the threat of stress and bullying in the workplace.

 

Bullying At Work:

The Health and Safety at Work Act 2005 provides that a risk assessment should be carried out by an employer in the place of work to ensure that the risks associated with bullying are clearly highlighted.  The next step once the risks have been highlighted is to implement procedures or preventative measures to seek to eliminate the risk or to reduce it to an acceptable level.

 

Stress At Work:

This Health and Safety Authority defines workplace stress as “when the demands of the job and the working environment on a person exceed their capacity to meet them”.  The Health and Safety Authority identifies the following scenarios which could trigger the onset of work-related stress:

 

  • Poor communication at work
  • Poor working relationships
  • Poorly organised shift-work
  • Faulty work organisation
  • Ill-defined work roles
  • Lack of personal control over work
  • Machine-paced work
  • Highly demanding tasks
  • Dull repetitive work
  • Dealing directly with the public

 

Employers have both a statutory and a common law duty of care to protect their staff from bullying and stress in the work place.  Where an employee feels that they are being bullied by a fellow employee or supervisor, proper reporting procedures should be clearly in place and these should be made available to each and every employee. The failure of an employer to properly implement correct and preventative measures or the failure to have proper reporting procedures clearly communicated to the employees could lead to an occupational injury at work claim from an employee.

 

If you feel you are the victim of bullying or stress at work, please contract us at http://www.stapletonsolicitors.ie to arrange a consultation.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

Powers of Attorney

Uncategorized - No Comments » - Posted on July, 27 at 8:51 am

A Power of Attorney is a legal instrument in Ireland that can be set up by a person, named the Donor, and allows the appointment of another person, named the Attorney, to take actions on the Donor’s behalf if he or she is absent, abroad or incapacitated through illness.

There are two types of Power of Attorney allowed under Irish law:

  • Power of Attorney which gives either a specific or a general power.  This is usually created for a specific purpose or for a specific length of time.  It automatically ceases to have effect if the Donor becomes incapacitated.
  • Enduring Power of Attorney which bestows on the Attorney the capability to act on behalf of the Donor if and when they become mentally incapacitated.

 

Power of Attorney

A Power of Attorney is a useful tool if a person has to leave the country for some time or if they know in advance that they will not be able to manage their affairs while receiving medical treatment.  It is sometimes used for the purpose of purchasing property or having control of bank account and / or business affaires in these circumstances.

Enduring Power of Attorney

An Enduring Power of Attorney is created by the Donor so that if he or she becomes mentally incapable of managing his or her own affairs, the Attorney can step in and take such steps as if he or she were stepping into the shoes of the Donor and making such care decisions or financial decisions for and on behalf of the Donor.  An Enduring Power of Attorney only takes effect when a person is certified by a medical doctor as being mentally incapable of managing his or her own affairs and is an important planning tool to take if one is diagnosed with a progressive degenerative or mental illness.  The requirements for creating an Enduring power of Attorney are quite onerous given the permanent effects that it has once the Donor becomes incapacitated.  It is important to seek legal advice before the creation of such a document in order to ensure that all of the legal requirements have been fully met.

Contact us at http://www.stapletonsolicitors.ie if you wish to discuss the above.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

The importance of revising and updating a Will

Probate, Probate Litigation - No Comments » - Posted on July, 26 at 8:36 am

A Will is a legal document which takes effect on the death of the Testator.  Once a Will is proved in the Probate Office, a Grant of Probate is issued in order that the appointed executor may carry out the wishes of the Testator.  It is good practice when making a Will in Ireland to be aware that it should be revised and updated in or around every three years in order that the intention of each bequest in the Will remains valid.  This was held true in the case of Thornton v Timlin [2012] IEHC 239 where a bequest was held void for uncertainty due to fact that the Court could not determine the true intention of the bequest under the Will.

 

It arose from a Will of the Edward Rafter deceased who had executed his Will in 1983 and died some twenty three years later in 2006 without having updated it.  Probate of his Will was issued forth from the Probate Registry Office in 2009.  The specific bequest which was held by Ms. Justice Laffoy to be void for its uncertainty was one which bequeathed “the sum of IR£500 “to Mayo County Council (Ballina area) workers.

 

Evidence was given that there was no designation in Mayo County Council, either at the time of execution of the Will or at present, for “Mayo County Council (Ballina area) workers”.  Evidence was also given by a former colleague of the deceased of the colleagues with whom the deceased was friendly; most of whom had retired prior to the death of Mr. Rafter.  A list of the employees of Mayo County Council working in the Ballina area was furnished to the Court who were in employment at the date of Mr. Rafter’s death.  This amounted to approximately seventy people.  Given that the Court is held by S. 89 of the Succession Act 1965 in that “Every will shall, with reference to all estate comprised in the will and every devise or bequest contained in it, be construed to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention appears from the will”, the Court ruled that the bequest was void for uncertainty as it was not clear from the probated Will or from its interpretation through the extrinsic evidence offered who the deceased intended to benefit.

Contact us at http://www.stapletonsolicitors.ie if you wish to discuss the above.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents

Personal Injury Awards to Minors

Accident/Personal Injury Claims - No Comments » - Posted on July, 25 at 8:50 am

A child under the age of eighteen who has been involved in an accident or who has suffered personal injuries as a result of the negligence of another is entitled to claim for damages under the Civil Liability and Courts Act 2004.  However, the minor child must have an adult (usually a parent) to act for him or her in taking the action on his or her behalf.  The adult who takes the case on behalf of the minor is called his or her “next friend”.

 

A personal injuries award made to a minor is not released to him or her until he or she reaches the age of eighteen.  The money is held by the Court’s Accountant’s Office and is invested in Court funds.  Upon turning eighteen, he or she may then apply to the Court to seek the release of the money awarded as a result of the personal injuries suffered.

 

Before the minor turns eighteen, he or she can apply to Court for the release of funds which are considered necessary.  These are usually expenses such as those for school or for items which assist in the normal development and growth of a child.

 

In June 2012, a teenage boy applied to the Circuit Court for the release of €5,000 from an award of €20,500 so that he could insure and tax a car he had recently bought.  Mr. Justice Matthew Deery, hearing the application, stated that although he did not wish to see an uninsured car on the road, he felt that this amount was too much for someone of such a young age and instead paid out the sum of €2,000 to his mother who had brought the personal injury action on behalf of her son.

Contact us at http://www.stapletonsolicitors.ie if you wish to discuss the above.

Aidan T. Stapleton & Co. Solicitors Divorce Law Ireland | Family Law Ireland | Solicitors Dublin | Personal Injury Dublin | Immigration Law Ireland | Human Rights Llaw Ireland | Wills and Probate Dublin | Medical Negligence Law Ireland | Car Accidents