E23 The Fifth Court top team starts, as usual, with 3 cases from the Decisis.ie casebook.

7.00"

Cian O'Carroll, Cashel based solicitor, known for his work on cervical screening cases, particularly the Vicky Phelan case that moved a nation.

He discusses his views on medical negligence cases.

He is candidly open about the tragic 1990 death of his father, a shocking occurrence that that led him away from a science degree to the law. This changed his life in a fundamental way. He worked for a period in a Cashel, Tipperary practice with solicitor John Lynch. He established his own practice in 2010, largely focussed on medical negligence.

Vicky Phelan came to him, as a client, on January 2018 and he knew immediately he needed to push the case very quickly. 'She was just a wonderful person' he says. She was 'purposeful' according to Cian who added, that she was the most altruistic person he ever met.

He describes the introduction of a non-disclosure agreement by the other side in the Phelan case.

He discusses other similar cases involving screening programmes including BreastCheck, bowel screening and glaucoma screening.

He has some very strong words about the HSE's approach to aspects of the screening programme and its use of the court system.

He's very complimentary about Judge Kevin Cross who was helpful in moving the case along, conscious of that time was, unfortunately, limited for Ms. Phelan.

32.00"

He talks about a current eleven month backlog in court cases in his area of practice and he gives his views on the medical profession who feel they are 'put upon' because of the standards they say they are expected to meet.

34.00" He talks about solicitors referring clients to doctors (or not) and he refers to a previous Fifth Court discussion with Dr. Declan Keane, about 'expert shopping'.

He speaks up about legal costs, solicitors fees and the way in which his practice deals with these costs.

His 'cultural recommendation' for lawyers? The movie, 'My Cousin Vinny'. Great choice.

Book, 'Brideshead Revisited', for the magistrate's court scene in the book.

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