Part of action over ear injury struck out

The High Court has ruled that a man who lost part of his ear allegedly as a result of an unnecessary medical procedure may continue with some but not all of his damages action against the HSE.

Austin Connolly, of Mullingar Rd, Kilbeggan, Co Westmeath, claimed he was to undergo a biopsy of a lesion on his ear in May 2006 at Tullamore Hospital.

However, he claims the doctor removed the entire lesion without his consent, and three quarters of an inch of his ear is missing. He says he suffered horrendous pain and has been left with a permanent cosmetic defect.

Mr Connolly brought a personal injury action seeking damages for alleged negligence, breach of duty, and trespass against the person. The HSE asked the court to strike out the action on grounds including that it was brought outside of the time prescribed by the statue of limitations, and the trespass against the person should not have been brought by way of a personal injuries summons.

Mr Justice Paul Gilligan said Mr Connolly may continue with his action for alleged trespass to the person. He struck out the alleged negligence and breach of duty claims.


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