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High Court refuses to order that a portion of the evidence was inadmissible by one of the persons accused of negligence in carrying out a screening service, where the Health Service Executive was the defendant and not the person so accused, on the grounds that: (a) the fact that the person accused of negligence had expertise did not render her an 'expert witness'; (b) a person accused of negligence was entitled to give evidence in her own defence, of the manner in which she read the relevant slide and the interpretation she made of it; and (c) if the witness strayed into 'opinion' evidence, objection could be made at that juncture.
Application to exclude portions of evidence - review of mammography slides - interpretation of slides by medical practitioner who reviewed slides - whether radiologists were guilty of negligence - such failure as "no medical practitioner of equal specialist skill would be guilty of if acting with ordinary care" - witnesses of fact - expert witnesses - whether screeners of slides to be called as witnesses - entitlement of persons accused of negligence to be heard in their defence - whether person accused of negligence could act as expert witness.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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