Health and social care law in Ireland - highlights of 2018 and what to expect in 2019

Sinéad Kearney Olive Doyle Ciara Farrell Diego Gallagher Patrick McClean and Eoghan Wallace of ByrneWallace review recent and forthcoming developments in health and social care law in the Republic of Ireland.

Landmark new protections for involuntarily detained patients

2018 saw part of Section 15 of the Mental Health Act 2001 being held to be unconstitutional in the Court of Appeal. The Court of Appeal found that the State had failed in its duty to vindicate an involuntary patient’s right to personal liberty by not securing an independent review of his detention. The Mental Health (Renewal Orders) Act 2018 was commenced in October 2018 to amend the maximum duration of a renewal order (6 months) and to include periodic reviews.

Key judgment on appropriate standard of medical care for vulnerable patients

The High Court judgment of AC v Health Service Executive and Dr B [2018] IEHC 454 considered the appropriate standard of care to be delivered by treating and assessing psychiatrists to patients. It is however relevant to all disciplines. In this case AC’s husband took proceedings on behalf of his wife's dependents ie himself and...

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