In a medical negligence action arising from the alleged failure to diagnose fetal spina bifida on obstetrical ultrasound, the plaintiffs moved to amend their statement of claim to assert personal wrongful birth claims and plead discoverability under the Limitations Act, 2002.
The defendant radiologist opposed the amendments, arguing they introduced a new cause of action outside the limitation period and sought summary judgment dismissing the action as statute‑barred.
The court held the proposed amendments did not introduce a new cause of action but merely provided further particulars and clarification of claims already implicit in the factual matrix of the original pleading.
The court also found a genuine issue for trial regarding discoverability because expert opinion was required to determine whether the ultrasound findings should have been diagnosed as spina bifida.
Leave to amend was granted and the limitation defence could not be resolved on summary judgment.
