Denneny v Kildare Board of Health

• Jurisdiction: Ireland
• Judgment Date: 23 March 1936
• Date: 23 March 1936
• Court: High Court (Irish Free State)

I.F.S.]

Dennehy

and

Kildare County Board of Health and Public Assistance

County Fever Hospital - Non-paying patient - Discharge of patient in infectiou conditions - Infection of other persons - Liability of Board of Health to members of the public for negligence of medical officer - Evidence of negligence - Admissibility of evidence of former negligent acts as evidence of general incompetence - Admissibility of evidence taken and inspector's report upon Local Government inquiry.

The plaintiff's child, C. D., was admitted on the 10th November, 1933, as a non-paying patient, suffering from scarlatina, an infectious disease, into a Fever Hospital controlled by the defendants, a County Board of Health. Subsequently, on December 24th, 1933, upon the advice of the County Medical Officer of Health (who was also medical officer of the County Hospital, and medical officer in charge of the Fever Hospital), and who was of opinion that infection had ceased, C. D. was discharged. It appeared, however, that the child C. D. was still in an infectious condition, and the plaintiff's other children contracted scarlatina from contact with C. D., and one of them died as the result thereof. Alleging that he suffered loss by reason of medical expense, and in his business, by isolation, the plaintiff brought an action in his own name and on his own behalf against the Board of Health for the said loss, sustained, as he alleged, by the spread of the infection from C. D., who had been as he alleged negligently discharged from the Fever Hospital by the Medical Officer. In the previous year, a child had died in the said Fever Hospital under the charge of the same Medical Officer as a result, it was alleged, of his negligence, and a Local Government inquiry was held to investigate the said allegation. The decision of the Minister for Local Government given upon the inquiry on the 14th October, 1933, was that the said Medical Officer should be relieved of control of the Fever, Hospital as it was contrary to public health principles that he should have charge of both the Fever Hospital and the County Hospital. The Board of Health endeavoured to temporise with the Minister, and in consequences, the same Medical Officer remained in charge of the Fever Hospital during the whole period while C. D. was treated therein and discharged therefrom. It was contended for the plaintiff that the defendants were guilty of breach of duty, either (1) by keeping a medical officer in their service...