Lavelle Coleman hosts AvMA Lawers' Support Group Meeting
(Pictured from left to right: Dr. Simon Mills, BL; Catherine Hopkins, AvMA; Dave Coleman, Lavelle Coleman; Dr. John Bevan, Consultant Gynaecologist at QAH in Portsmouth; Avril Scally, Lavelle Coleman)
21 October 2009 – AvMA today held a group meeting for lawyers in Dublin to discuss cervical screening, aetiology of cervical cancer, treatment of pre-cancer, medico-legal issues and children and consent to medical treatment in Ireland
AvMA is the independent charity which promotes better patient safety and justice for people who have been affected by a medical accident. A 'medical accident' is where avoidable harm has been caused as a result of treatment or failure to treat appropriately. AvMA believes that whatever the cause of a medical accident, the people affected deserve explanations, support, and where appropriate, compensation.
The meeting was hosted by Lavelle Coleman, a leading Irish law firm, with a dedicated medical and clinical negligence department. Dave Coleman, senior partner at Lavelle Coleman said, “It’s good to see that Irish lawyers are staying up to date on these important and ever-changing issues. We are delighted to host the AvMA talk today to further education in these areas.”
Mr John Bevan, Consultant Gynaecologist at QAH in Portsmouth spoke on the topical issue of cervical cancer, screening procedures and recent legal cases in this area. Cervical cancer has received increased media attention since the death of Jade Goody, which has resulted in increased numbers of women seeking to have smear tests.
Avril Scally, Senior Associate solicitor and specialist in medical and clinical negligence law at Lavelle Coleman said, “Ireland has one of the highest rates of death from cervical cancer in Western Europe. The figures show that an average of 200 cases are diagnosed each year and approximately 70 deaths from the disease occur annually. Since September 2008 all women in Ireland between 25 – 60 are offered free cervical screening under a National Cervical Screening Progamme.”
Dr Simon Mills, Barrister-at-Law and Doctor spoke on the topic of persons under the age of 16 giving consent for medical treatment in Ireland. Dr Mills said:
“The legal rule that a person aged 15 years and 364 days is incapable of consenting to medical treatment while a 16 year old can consent to exactly the same treatment is clearly a nonsensical one. While there is great desirability for black-and-white rules, why should capacity to medical treatment, when it comes to age, be strictly limited by the calendar when mental capacity is not limited by - for example - formal measurements of IQ or proof of education?
There is more to the legal question of minors and consent to medical treatment than might meet the eye: the so-called Gillick test is a subtle one: doctors and lawyers would all benefit from clear statutory guidance for the management of the patient who is under 16 years of age.
With the Mental Capacity Bill currently before the Oireachtas, that seems at least one logical place to give expression to the sensible and compassionate doctrine that is Gillick competence and I would call on the Government to give serious thought to enshrining it in that legislation.”
The AvMA Lawyers’ Support Group meeting was opened by Catherine Hopkins, Legal Director of the AvMA who said: "AvMA is delighted to provide courses, accreditation and support for specialist clinical negligence lawyers to support our work in campaigning for patient safety and justice. By its provision of this service to lawyers AvMA seeks to ensure that whenever a patient has a claim against a hospital arising out of negligent medical care that person receives effective legal representation from specialist practitioners who have the knowledge and experience to ensure the best outcome for their clients."