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The High Court has set aside a third-party notice against a medical professional in a negligence case, finding that the notice was not served within the statutory timeframe. The plaintiff, who underwent a below-knee amputation, alleges negligent treatment at two hospitals and under the care of the medical professional. The court determined that the defendant hospital's delay in serving the third-party notice, following receipt of an expert report, was unreasonable. Consequently, the medical professional will not be joined as a third party in the ongoing proceedings, which focus on the plaintiff's treatment and subsequent injury.
negligence, medical professional, third-party notice, set aside, High Court, expert report, Civil Liability Act 1961, below-knee amputation, delay, statutory timeframe, Rules of the Superior Courts (RSC), personal injury, discovery, professional negligence, indemnity, contribution, case management.
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