HSE Sued by Boy with Cerebral Palsy Following Claims Doctor was Struck Off in UK

A boy with cerebral palsy who is taking a legal action against the Health Service Executive (HSE) linked with the circumstances his birth is alleging that his care was entrusted to a doctor who had previously been struck off in the United Kingdom.

At the High Court it was revealed that Tadhg McKenna, of Sruth An Mhuillan, Emyvale, Co Monaghan, is now pursuing a compensation claim for aggravated damages due to the involvement of Dr Aamir Iqbal Malik was allegedly working on his birth.

In May, Dr Malik was suspended by the High Court from the medical register in Ireland pending further order.

That court was informed that Dr Malik, who qualified as a doctor in Pakistan in 1989, had been struck off the medical register in the UK in 2018 for professional misconduct due to dishonesty in relation to his conduct as a doctor in that country.

The case is based on allegations that the care of Tadhg, who has quadriplegia cerebral palsy, was entrusted to Dr Malik during his care at birth in Cavan General Hospital. It is alleged that Dr Malik was not professionally qualified or competent enough to provide the required care either at all or without the correct supervision.

It is claimed that the HSE owed a duty to ensure the employment as well as deployment of a medical team, specifically medical doctors. The HSE also should have carried this out in such a way as to ensure that any doctors registered with a non national registration authority were appropriately qualifiedand that any disciplinary investigation or sanction imposed was made known.

Justice Kevin Cross was informed that the new revelations have lead to more stress for the McKennas but they would would like to avoid the case being delayed. Legal representatives for the HSE said it is currently reviewing the new revelations.

Liability had previously been conceded in relation to breach of duty but causation had remained at issue. Tadhg, through his mother Emma Louise McKenna, sued the HSE over the circumstances of his birth on August 31, 2017.

The case was listed for further hearing in September.

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