Defective products in medical procedures not covered under PIAB Act exemption

Section 3(d) of the Personal Injuries Assessment Act 2003 provides that personal injuries arising from a medical or surgical procedure do not require an authorisation from the Injuries Board to issue proceedings. Essentially, the exemption covers the following;

• The provision of any health service to a person;
• The carrying out of a medical or surgical procedure in relation to a person;
• The provision of any medical advice or treatment to a person.

A recent High Court case has stated that a Plaintiff must obtain an authorisation from the Injuries Board when the personal injuries action arises out of a defective product used in a medical or surgical procedure. It cannot be said that the defective product comes with (ii) or (iii) above.

If an authorisation is not obtained, the Courts have no jurisdiction to hear the claim. It is also a full defence to such a claim to state that no authorisation was obtained and/or the claim is now statute barred by reason of not obtaining an authorisation within the statutory time limit of 2 years.

Full details of the High Court case can be found here.