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New protocol for commissioning medical reports
Following recent judicial comments, the Litigation Committee has considered the issue of solicitors commissioning reports directly from medical practitioners.
In this regard, the Committee was assisted by the decision of Mr Justice Ferriter in McLaughlin v Dealey and HSE [2023] IEHC 106.
The principles set out by Mr Justice Ferriter have underpinned the protocol which the Committee believes solicitors should follow. The protocol balances the importance of the court having all the relevant evidence before it with the desirability that a treating doctor should give evidence where possible.
