A radiographer at Tallaght Hospital was dismissed after a complaint about inappropriate conduct during an X-ray on a teenage patient. A CORU inquiry found him guilty of professional misconduct, leading to conditions on his registration.
Medical Negligence Claims in Ireland
At Coleman Legal LLP, we have over 30 years of experience helping clients seek justice and compensation for medical negligence. Our dedicated team understands the profound impact of medical errors and is here to guide you through the claims process with professionalism and care. We pride ourselves on providing empathetic, client-focused legal support and strive to achieve the best possible outcome for every case. In addition to legal advice, we help clients access the specialist care and rehabilitation services they may need following an injury.
For confidential assistance, please call 1800-844-104 or email [email protected]. You can also visit us at our 84 Talbot Street, Dublin 1, Ireland office.
Table of Contents
Understanding medical negligence
Medical negligence, also known as clinical negligence, occurs when healthcare providers fail to meet the expected standards of care, harming patients. It may occur in various healthcare settings, including hospitals, GP surgeries, and nursing homes.
5 Essential steps for filing a medical negligence claim in Ireland
If you believe you’ve suffered an injury due to substandard care from a medical professional or institution. In that case, it’s essential to understand the steps involved in pursuing a medical negligence claim. While every case is unique, the following steps outline the general process:
1. Understand your time limits
In Ireland, the statute of limitations for medical negligence claims is two years from the date you were injured. This time limit can be extended in certain circumstances, but starting the process as soon as possible is always best. Our solicitors can guide you on whether you qualify for any exceptions.
2. Contact a solicitor specialising in medical negligence claim
It’s essential to contact a solicitor specialising in medical negligence claims. They will listen to your case, gather crucial details, and advise you on the next steps. Prepare a timeline of events, noting the relevant dates and the healthcare providers involved. This will help your solicitor gain a better understanding of your situation.
3. Collect your medical records
Your medical records are key to building your case. You have the right to access these records under data protection laws. With your consent, your solicitor can request the records from the relevant healthcare providers. These records will help identify where your care may have fallen short and whether there is a clear link to your injury.
4. Obtain an independent medical expert report
To strengthen your claim, an independent medical expert will review your medical records and provide an opinion on whether your treatment met the expected standards. In Ireland, medical experts who offer reports in negligence cases are often based outside the country to ensure impartiality. This expert opinion is essential for proving that negligence occurred and that it directly caused your injury. Depending on the case’s complexity, additional expert reports may be necessary.
5. Legal proceedings
If expert reports confirm that negligence and causation have been established, your solicitor will initiate legal proceedings. A legal summons will be sent to the responsible healthcare provider. At this point, the defendants may admit fault and enter negotiations to settle the claim. However, if the case is not settled, it may proceed to trial, where a judge will assess the evidence and determine whether you are entitled to compensation.
Common types of medical negligence
Medical negligence can manifest in various forms, including
- Misdiagnosis: Incorrectly identifying a patient’s condition, leading to inappropriate or delayed treatment.
- Surgical Errors are mistakes made during surgery, such as operating on the wrong site or leaving foreign objects inside the body.
- Medication Mistakes: Errors in prescribing or administering medication, including incorrect dosages or harmful drug interactions.
- Birth Injuries: Injuries sustained during childbirth due to negligence, affecting either the mother or the child.
- Delayed Diagnosis: Failing to promptly identify severe conditions like cancer, leading to worsened outcomes. These are just a few examples; medical negligence can take many forms.
Time Limits for making a medical negligence claim
It is essential to understand the time limits, or statute of limitations, for making a medical negligence claim in Ireland. According to the law, you must file your claim within two years from the date of the alleged negligence. If you fail to do so, your claim may be dismissed. However, there are some exceptions to this rule. If the injury or harm was not immediately discovered, the two-year period may begin from when the injury or negligence was identified. In certain circumstances, this could provide additional time to file a claim. Nonetheless, the timeframe is still limited, so consulting with a solicitor as soon as possible is essential.
Recent trends in medical negligence claims
Over the past five years, the number of medical negligence claims in Ireland has increased significantly. In 2020, the State Claims Agency (SCA) reported 3,972 medical negligence cases, an increase of 225 cases from 2016. The most common areas for these claims include obstetrics, accident and emergency, neurology, and general surgery. This upward trend highlights the growing concerns regarding patient safety and the quality of healthcare services.
References
- State Claims Agency. (2021). NTMA Annual Report 2021 State Claims Agency. Link
- State Claims Agency. (2020). NTMA Annual Report 2020. Link
- State Claims Agency. (2019). Annual Report & Financial Statements 2019. Link
- State Claims Agency. (2014). Clinical Negligence Litigation: Complex Cases and Simple Principles. Link
Our team
At Coleman Legal LLP, we recognise the emotional and financial challenges that medical negligence claims can impose on individuals and families. Our team of experienced solicitors is committed to offering compassionate and dedicated legal support to those affected by medical negligence. We collaborate with leading medical professionals to thoroughly assess each case, ensuring you and your loved ones receive the justice and compensation you deserve.
Coleman Legal LLP
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002
Contact Details
Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
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Clodagh Magennis
Head of Client Services
P: 1800-844-104
E: [email protected]
”At Coleman Legal, excellence in customer care is paramount. We aim to meet both prospective and existing client’s needs in a professional, engaging, and friendly manner with a clear objective to give quality legal advice and reach a positive outcome.”