Joyce McKane

Joyce specialises in defending employer’s liability and public liability, clinical negligence and professional negligence actions.

She has over 25 years’ experience advising clients across a range of sectors including schools, nursing homes, charities and churches in relation employer’s and public liability; and clinics, private hospitals and a wide range of healthcare professionals in relation to clinical negligence.

Relevant experience includes advising:

• Nursing homes in relation to a wide range of claims by residents and families encompassing standards of care and accidental injuries or by employees including manual handling.
• Schools in relation to claims including those alleging assault, stress at work and bullying and harassment.
• A wide range of community organisations, charities and churches responding to claims arising out of events management, community involvement and occupier’s liability.
• On clinical negligence work, which has included defending claims on behalf of private hospitals and clinics, doctors, dentists, nurses, opticians, psychologists and pharmacists.

Recent cases have included:

• Acting for a community organisation in relation to a fraudulent tripping claim. We engaged a biomechanics expert who was able to show that the injury sustained was caused by significant force incompatible with the Plaintiff’s allegation of a fall. The claim was withdrawn.
• Acting for a homeless charity in a claim by a project worker in one of their hostels arising from an assault by a resident. Full investigation and analysis of CCTV footage led to significant saving in damages and costs with settlement at a level of nuisance value.
• Defence of the first corporate manslaughter prosecution of a nursing home in this jurisdiction.
• Representation of a nursing home at inquest where the nurse on duty had failed to perform CPR.
• A youth organisation in a sexual abuse claim involving life changing psychiatric injury.
• Acting for a domiciliary care company regarding a public liability claim arising from the action of one of their care workers in pushing the Plaintiff’s wheelchair leading to a life changing leg injury. We were able to successfully advance liability and contributory negligence arguments.
• A manufacturing company in relation to claim arising from a crush injury to an employee’s hand where surveillance evidence of the Plaintiff working and using his hand in a way incompatible with his medical evidence led to a significant compromise.