Magill (Mary Bernadette) v Ulster Independent Clinic and others
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 28 January 2010 |
| Neutral Citation | [2010] NIQB 10 |
| Date | 28 January 2010 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2010 |
1
Neutral Citation No. [2010] NIQB 10
Ref:
GIL7610
Judgment: approved by the Court for handing down Delivered:
28/01/2010
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
_______
BETWEEN:
MARY BERNADETTE MAGILL AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF BRIAN MAGILL (DECEASED)
Plaintiff;
and
ROYAL GROUP OF HOSPITALS
First Named Defendant;
BELFAST CITY HOSPITAL TRUST
Second Named Defendant ;
DR PAMELA LOGUE
MARY BERNADETTE MAGILL AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF BRIAN MAGILL (DECEASED)
Plaintiff;
and
ULSTER INDEPENDENT CLINIC
First Named Defendant;
and
DR JOHN COLLINS
Second Named Defendant;
and
MR THOMAS DIAMOND
Third Named Defendant;
and
2
DR P K ELLIS
Fourth Named Defendant;
and
PROFESSOR R A J SPENCE
Fifth Named Defendant;
MARY BERNADETTE MAGILL
Plaintiff
and
ULSTER INDEPENDENT CLINIC
First Named Defendant;
and
DR JOHN COLLINS
Second Named Defendant;
and
MR THOMAS DIAMOND
Third Named Defendant;
and
DR P K ELLIS
Fourth Named Defendant;
and
PROFESSOR R A J SPENCE
Fifth Named Defendant;
and
ROYAL GROUP OF HOSPITALS
Sixth Named Defendant;
and
BELFAST CITY HOSPITAL TRUST
Seventh Named Defendant;
and
DR PAMELA LOGUE
Eighth Named Defendant.
________
3
GILLEN J
Index to this judgment
[1] Paragraph Topic
[1] Index
[2] Cause of action
[6] Background
[35] Legal Principles
[66] Did the deceased suffer from a cholangiocarcinoma?
[75] The classifications of hilar cholangiocarcinoma
[102] Was this tumour resectable?
[119] Multi disciplinary conferences
[138] The interpretation of the early scans
[146] The ERCP procedure
[179] Infection post ERCP
[184] Pancreatitis
[190] Melaena
[211] Delay between ERCP and PTC
[221] The PTC procedure
[267] Bile duct perforation
[285] The transfer from RVH to BCH
[294] The need for investigation on admission to BCH
[317] Voided stent 27 December 1999 and scan of 28
December 1999
[345] The plaintiff
[349] Professor Spence
[375] Dr Collins
[430] Assault and False Imprisonment
[482] Mr Diamond
[500] Dr Ellis
[508] Ulster Independent Clinic
[545] Royal Victoria Hospital
[649] Belfast City Hospital
The Cause of Action
[2] In these three cases the plaintiff, a personal litigant , is the widow of
Brian Magill who died on 30 December 1999 (the deceased). There has been
a wealth of pleadings, amended pleadings and interlocutory orders in these
actions but in essence there are two separate claims. First a claim by the
plaintiff as personal representative of the estate of the deceased on foot of the
negligence of the defendants and each of them in and about the provision of
medical and nursing care, treatment and advice for the deceased. The case
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