Accident and Emergency Department Negligence
Emergency Departments are the birthplace of many accident and emergency department negligence claims and that many of these claims relate to misdiagnosis.
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What is Emergency Department Negligence Claim?
Emergency medicine is responsible for nearly 15% of all medical negligence claims. A&E departments are high-turnover, fast-paced hospital departments which diagnose and treat patients with some of the most catastrophic injuries. Patients also visit with symptoms which may appear to be non-life threatening, and patients are reliant on the skill, knowledge and thoroughness of hospital staff to ensure they are treated to the best possible standards
The Law for medical negligence* in Ireland is complicated and is governed by the test set out in the Supreme Court case of Dunne V The National Maternity Hospital (1989). This case provided that:
- a medical practitioner was negligent in diagnosis of treatment only if he was guilty of such failure as no other medical practitioner of equal specialist or general status or skill will be guilty of if acting with ordinary care;
- a Plaintiff will establish negligence against a medical practitioner by proving his deviation from a general and approved practice only upon proving also that the course taken was one that no other medical practitioner of like specialisation and skill would have followed when taking the ordinary care required from a person of his qualifications.
Examples of Accident and Emergency Department Negligence
These can arise in situations where an Accident and Emergency patient is admitted to A&E, and there is:
- failure to treat a patient properly, and failure to diagnose the problem;
- failure to recognize the patient’s illness or injury, and failure to refer to a senior or specialist doctor;
- failure to check a patient’s medical history properly;
- failure to carry out basic investigations and
- wrongful or premature discharge from hospital.
The time limits in medical negligence claims can be extremely prohibitive, and your legal claim must be commenced within two years from when the incident occurred or when you first became aware or had knowledge, that you have suffered an injury. It is very advisable to get the advice that you need as soon as you become aware of a medical difficulty or injury as a result of medical or surgical treatment or a medical or surgical procedure.
How We Can Help ?
Pursuing a medical negligence claim in Ireland can be daunting, especially if you are still recovering. Our experienced team of medical negligence solicitors in Dublin and nationwide are on hand to give advice, and advise you of all legal remedies available to you at this stressful time. Our aim is to help you through the trauma of your experience with empathy and understanding, and to ease as much of the stress associated with medical negligence claims as possible.
If you have sustained an injury or contracted an illness due to a situation involving medical negligence and have questions surrounding an incident, please contact our Medical Negligence Solicitors today at Coleman Legal.
Coleman Legal can help you find out if you are eligible for a compensation. If you are eligible for compensation, we will fight for you while you recover, ensuring your best interests are met and that you receive the best settlement or Court Award that is fair to you in the entirety of the circumstances.
(Medical Negligence Team)
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.
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Free Phone: (1800) 844 104