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MEDICAL NEGLIGENCE

In case you suspect that you have been affected by medical negligence, we strongly encourage you to contact Dylan Green & Associates for legal advice.

Medical Negligence Law in Ireland

Medical negligence, or medical malpractice, can leave you with physical pain, emotional trauma, and significant financial burdens. 

Green & Associates Solicitors, a leading medical negligence law firm, can guide you through the process and fight for the compensation you deserve if you believe you’ve been a victim in Ireland.

What is Medical Malpractice Negligence Law?

Medical malpractice negligence law falls under the broader umbrella of tort law. In Ireland, the legal duty of care dictates that medical professionals must act with reasonable skill and care based on the recognised standards of their profession. A breach of this duty, leading to harm to the patient, constitutes medical negligence.

Here are some common examples of medical malpractice in Ireland:

 

Hospital-acquired infections due to inadequate hygiene practices.

Misdiagnosis

Failure to diagnose a condition accurately or delays in diagnosis, worsening the condition.

Surgical errors

Operating on the wrong body part, leaving surgical instruments behind, or improperly performing a procedure.

Medication errors

Prescribing the wrong medication, incorrect dosage, or failing to consider allergies.

Birth injuries

Injuries sustained by a baby during delivery due to forceps misuse or other preventable factors.

Step-by-Step Guide to the Medical Negligence Process

Seek Medical Attention

Your health is the top priority, so receive appropriate medical care to address any ongoing medical issues arising from the alleged negligence.

Gather Documentation

Collect and keep copies of all relevant medical records, bills, receipts,  discharge summaries, and any other documents related to your medical care. 

Contact a Medical Negligence Solicitor

Schedule a free consultation with Green & Associates to discuss your situation and explore your legal options. The sooner you seek legal advice, the better chance of building a case.

Irish Injuries Board (PIAB)

Is a government body that offers an alternative dispute resolution process for personal injury claims, including medical negligence.

Recent Medical Negligence Cases in Ireland:

details of recent cases are not generally disclosed due to privacy concerns. At Green & Associates Solicitors, we can discuss relevant case law and legal precedents during your consultation to understand how they might apply to your situation.

Irish Injuries Board (PIAB)

Is a government body that offers an alternative dispute resolution process for personal injury claims, including medical negligence.

Irish Injuries Board (PIAB)

Is a government body that offers an alternative dispute resolution process for personal injury claims, including medical negligence.

Green & Associates Solicitors provide specific insights regarding medical facilities and practices in Cork and Kerry, identifying where local standards of care may have been breached. This localised expertise can be crucial in building a robust case.

Building a solid medical negligence case demands knowledge beyond the legal realm. Green & Associates collaborates with a team of highly qualified experts to strengthen your claim, including:

  • Medical specialists review your medical records and provide an independent opinion on whether the standard of care was breached and how it directly resulted in your injury. 
  • Nursing experts identify any deviations from accepted nursing practices that may have contributed to your injury.
  • Financial professionals calculate the full extent of your losses, including
  1. Medical expenses
  2. Lost wages
  3. Future care needs
  4. Pain and suffering 
  5. Life care planners create a plan outlining your future medical needs and associated costs. 

Green & Associates knows the range of situations that can constitute medical negligence. We have extensive experience handling a variety of cases, including:

  • Misdiagnosis: you may have a claim if a doctor fails to diagnose an illness or misdiagnoses you entirely, leading to delayed treatment and worsening your condition.
  • Surgical errors: errors during surgery, such as:
  1. Operating on the wrong body part
  2. Using faulty equipment
  3. Leaving surgical instruments behind
  • Birth injuries: these can include:
  1. Forceps misuse
  2. Failure to identify fetal distress
  3. Delayed C-sections
  • Prescription drug errors: pharmacists or doctors who prescribe the wrong medication, incorrect dosage, or fail to consider allergies can be liable for any resulting harm.
  • Infections: you may sue if you contract an infection due to inadequate practices.
  • Dental negligence: dental procedures performed incorrectly or with faulty equipment can lead to permanent damage. 
  • Cancer Misdiagnosis: a delayed or missed cancer diagnosis can significantly impact treatment options and survival rates. If this happened to you, you may have a valid case.

Our medical malpractice solicitors in Ireland prioritise client well-being throughout the legal process. We guarantee a supportive and empowering experience:

  • Regular communication on the progress of your case and easy access to your solicitor to discuss any questions
  • Emotional support as we understand the emotional trauma associated with medical negligence and can provide referrals to counselors or therapists if needed.
  • Transparency by providing all options available, including medical negligence payouts and our legal fees
  • Client empowerment by encouraging your input and ensuring you feel empowered to make informed decisions.

Additional Resources

Irish Injuries Board (PIAB)

Is a government body that offers an alternative dispute resolution process for personal injury claims, including medical negligence.

Recent Medical Negligence Cases in Ireland:

details of recent cases are not generally disclosed due to privacy concerns. At Green & Associates Solicitors, we can discuss relevant case law and legal precedents during your consultation to understand how they might apply to your situation.

Injury Solicitors Near Me

A simple web search using the term "medical negligence solicitor near me" can provide you with a list of solicitors in Cork, Kerry & Dublin. We prompt you to compare qualifications and experience before choosing a solicitor.

Examples of Medical Negligence Pay outs in Ireland:

compensation awarded in medical negligence cases varies depending on the severity of the injury, long-term impact, and other factors. Green & Associates can provide estimates based on similar cases but cannot guarantee specific figures.

1. What is medical negligence?
2. Can I bring a claim for my child/ someone else? 
3. What legal services do you provide regarding medical negligence? 
4. What are the different types of medical negligence claims? 
5. What is the time limit when taking a medical negligence claim?
6. How can I make a medical negligence claim?
7. How is medical negligence proven? 
8. What is informed consent? 
9. I was misdiagnosed; can I claim for medical negligence? 
10. What is a duty to disclose?
11. What is the duration of a medical negligence claim?
12. What proof do I need for clinical negligence?
13. Do I have to get a medical examination to file a medical negligence claim?
14. What does it mean to prove causation?
15. Do all medical negligence cases go to court? 
16. Can I make a medical negligence claim against HSE?
17. Is it worth my time to claim the HSE due to defective medicine? 
18. Can I claim a private hospital?
19. will my current medical treatment change if I file a claim?
20. What is the maximum amount of compensation I am entitled to due to medical negligence?
21. If I signed a consent form, does this mean I have no claim?

Where a person has acted negligently, and their negligence has caused you loss, you may be entitled to compensation from that person. This can arise in several contexts.

For instance, you could be injured in a car accident due to another road user’s negligence. You may sustain injuries during an assault or a poorly carried medical procedure. Your house or apartment could be poorly constructed, and you may be entitled to sue those responsible for its construction. After acting upon it, you may receive fundamentally incorrect advice and find out that you are financially worse off.

For an act or omission of a wrongdoer to be negligent in the legal sense:

  • The wrongdoer must owe you a duty of care.
  • The wrongdoer must have failed to meet that duty of care in their actions.
  • The act or omission must have been the cause of your loss

If you are entitled to compensation, it will usually be composed of 2 elements:

  1. General damages for the non-financial losses, such as pain and suffering
  2. Special damages for financial losses, such as loss of income and extra expenses

 General damages:

This is compensation for the pain, suffering and inconvenience you experienced and will continue to experience due to the accident.

The court will determine the damage level by estimating the gravity of the injuries. It will do this by considering all the medical evidence put before it. Notably, the pain already suffered by the person suing and the prognosis for the future – how long and to what intensity the injured party is likely to continue suffering.

Special damages:

This is compensation for the financial costs and expenses, both past and future; you incurred as a result of the accident. This would include the cost of repairing your car (if relevant), the medical costs you incurred, your loss of earnings due to being unable to go to work and all expenses, including travel, home help and similar expenses.

NEGLIGENCE IN HEALTHCARE

Please reach us at info@greensolicitors.ie if you cannot find an answer to your question.

Medical negligence (also known as clinical negligence) is substandard medical care provided by a healthcare professional to a patient, leading to an injury or worsening an existing condition. While the vast majority of medical procedures go on without any problems, a medical professional can make mistakes that might cause you harm.

Medical negligence can occur in several ways. Some of the most common types of medical negligence include:· Misdiagnosis· Failing to obtain full consent before an operation· Failing to inform the patient of the risks involved with a procedure· Incorrect prescription or medication· Surgical mistakes leading to injuries and further problemsWhile the above examples are unlikely to have happened on purpose, they can significantly affect your quality of life, and you can make a compensation claim. The medical negligence claim process can seem complex, but our specialist medical negligence solicitors are here to make it as hassle-free as possible.

Whether you received medical care at a private facility or the hands of a public hospital, the facts are the same: you have suffered harm due to medical mistakes and shouldn’t be responsible for the costs of your care. Claims for medical negligence compensation can be made against most medical professionals, including GPSs, dentists, nurses, cosmetic surgeons, and hospital staff (e.g., porters).Suppose a team of medical professionals provided your medical care. In that case, the cause of your injury due to negligence might be more challenging to determine, as it may have been a result of broader processes rather than the action of an individual. If this is your situation, your solicitor may be able to make a claim against a wider body, such as the management of the hospital.

Medical negligence claims are complex and challenging to prove; you would need the advice and support of an experienced solicitor who can investigate the facts of the case, gather evidence, consult experts, and build a robust case on your behalf.

On your part, there are a few pieces of evidence that you can provide to help prove your case for medical compensation:· 

Pictures of any physical injury you have suffered· A detailed account of the harm you suffered and its impact on your life· Records of the medical care you received that led to the negligent treatment· Receipts of any expenses you have made due to your injuries (e.g., medication, trips to and from the hospital, private medical care etc.)

On the part of your solicitor, they will need to help you prove the following:· Breach of Care

To ensure a successful medical negligence claim, your solicitor must prove that the medical professional responsible for your care breached their duty of care when treating you and that this has caused you harm.Suppose the quality of care you received fell below the expected standard for a medical professional. In that case, this may be deemed duty of care medical negligence, and you may be entitled to compensation.

Causation

A medical expert will need to examine you to determine the severity of your injury and the level of damage caused. The official report will help your medical negligence solicitors understand how much you might be eligible to receive in compensation if your case is successful.Your solicitor will make arrangements for this and help you navigate the process, so you do not need to worry.

Compensation in medical negligence cases varies from point to point, as every moment is unique. The amount of payment will be determined by:· The severity of your injury· The level of pain, suffering and recovery time· The impact on your life and ability to perform routine tasks. Remember that payouts or compensation from a private healthcare provider is now about winning a jackpot. Your case may help them make improvements when rendering medical services in future. It would help if you issued a formal complaint through your solicitor to trigger a legal disciplinary process.

https://www.mhc.ie/latest/insights/court-dismisses-medical-negligence-claim-due-to-delay-a-new-era

The law of tort is a method of regulating safety by providing incentives for people to take precautions against the risk of injury.
The Personal Injuries Assessment Board (PIAB) is an independent statutory body that deals with personal injury claims. All personal injury claims in Ireland (except for cases involving medical negligence) must be submitted to PIAB. PIAB provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. If the person you hold responsible for your injury (the respondent) does not want PIAB to assess your compensation claim, you can take your claim to court.On average, claims made to PIAB are assessed in just over seven months from when the respondent consents to have the claim evaluated by PIAB. Personal injury claims taken in the courts can take up to 36 months.Claims are assessed using the medical evidence you provide from your doctor and, if necessary, a report provided by an independent doctor appointed by PIAB. The injuries you sustained and your circumstances are considered when assessing the damages due to you. Under the Civil Liabilities and Courts Act, 2004, the time limit for compensation claims is two years from the date of the accident.However, you must notify the person you hold responsible for your injury within one month of the accident. It would help if you informed them in writing (by registered post) detailing their actions. This gives the person, company or organisation a chance to investigate your claim. If you do not inform the other person within the specified timeframe, it may not affect your application to PIAB. But it may affect your case later if you have to go to court, and you may not be able to recover your costs.

Under Irish law, you could be entitled to compensation if you have suffered an injury or illness due to medical negligence. Feel free to call us if you wish to start a claim or want more information on clinical negligence. Contact us today by calling 0214708570

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