Medical Negligence solicitors
If you or a member of your family has received substandard medical treatment and suffered severe repercussions as a result, our medical negligence team have over 30 years of experience and can assist you in filing a claim for compensation.
If you have questions surrounding a negligence, please contact our Medical Negligence team today.
What is Medical Negligence / Medical Misdiagnosis?
Medical negligence or medical misdiagnosis refers to a situation where a patient sustains a personal injury as a result of an error made by a medical practitioner / professional. The medical practitioner or professional has a duty of care to the patient. They must ensure that all surgeries and assessments are carried out in a careful, safe and appropriate manner. Where a diagnosis is involved, it should be accurate and correct.
Am I Eligible For a Medical Negligence Claim?
There is an existing doctor-patient Relationship
Firstly, your solicitor would help you to prove that a doctor-patient relationship did exist. This is accomplished by obtaining medical records, prescriptions, and invoicing records from the doctor against whom you are filing a medical negligence claim.
Proof that the medical professional was negligent
After collecting all documents, your solicitor will select an independent medical expert to investigate whether or not negligence occurred. The third-party expert will then examine your case, medical data, and the medical practitioner's activities. Finally, they'll be able to assess whether the damage was caused by the medical professional or if you received substandard medical care.
The following important areas are
covered by our Medical Negligence Team
Our team of experienced medical negligence solicitors at Coleman Legal continuously educates themselves on all aspects of medical negligence. No matter how unusual or rare your case is, we can offer sound advice and support to help you achieve the best possible outcome.
How do I make a Medical Negligence Claim?
1) Consult a Medical Negligence Claim Solicitor
It is advisable for you to speak to an experienced Medical Negligence claim Solicitors to seek legal advice as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care under the care of a medical professional, which resulted in you sustaining an injury or illness due to any acts or omissions by a medical professional.
2) Obtain medical records
In order for the medical negligence claims to have merit, it must be proven that the injury or illness you have sustained was caused by the negligence of the medical practitioner/professional who provided your medical treatment and care.
After the consultation with your medical negligence solicitor, your solicitor will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging in an independent expert is to establish whether there was any negligence on the part of the medical professional, and whether or not the medical professional’s negligence was the cause of your injury and illness. This independent third party will also be able to determine, in his opinion, whether the injury or illness sustained was avoidable or not, if the appropriate level of medical care had been provided.
Depending on the complexity of the injury or condition, it is oftentimes necessary to get two separate experts; one to determine the liability of the medical professional, and another to determine whether the negligence caused the injury (causation).
3) Medical Negligence Litigation
In the case where the independent medical expert has established that medical negligence did occur, upon your instructions your solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital with a view to securing compensation for you either by way of Court Judgment, or settlement.
The person who has been injured as a result of negligence is called the ‘plaintiff’. The medical professional/hospital or other professional against whom the allegations are made is called the ‘Defendant’.
The process is as follows:
A letter of claim will be sent to the Defendant(s) setting out the allegations and injuries sustained by you. This letter invites the Defendant(s) to admit liability to you and to compensate you for the injuries sustained. If no meaningful response is received on foot of this correspondence, a personal injuries summons will be drafted by a barrister nominated by your solicitor setting out the particulars of negligence and breach of duty, and particulars of the injuries sustained. The personal injuries summons will set out the reliefs claimed by the plaintiff, which will include compensation for pain and suffering (known as General Damages), compensation for additional losses suffered; for example any expenses incurred by you as a result of the injury such as medical expenses, loss of earnings, care costs needs etc. (Known as special Damages).
The personal injuries proceedings will be issued in Court and litigation will thereby be initiated.
Depending on the complexity of the particular case, the litigation process can oftentimes take a minimum of two years to reach Hearing before a Court. This does not mean to say that the Defendant(s) will not seek to settle a claim prior to the Hearing of the action. However, it can be a lengthy process and oftentimes involves a lengthy discovery process whereby medical records and other relevant documentation is exchanged between the parties, an element of the process known as ‘Discovery’.
Your solicitor will advise you throughout the entire process, ensuring your best interests are met, and that you achieve the best outcome available in your particular case.
Situations Where Medical Negligence Can Occur?
Medical negligence occur typically due to these common causes
The medical practitioner-professional
- Making an error during surgery.
- Misdiagnosed a patient.
- Failed to act promptly, overlooked an illness that could be treated or cured if detected earlier, or fails to address a medical need.
- Administering substandard medical care or service.
- Causing an injury, loss of quality of life, or death due to negligence in severe cases.
Medical practitioner/professional from either the public or private sector can include
- Medical Consultants
- Plastic Surgeons
- Lab Technicians
Medical negligence can occur in a variety of locations such as
- Public and Private Hospitals
- Public and Private Maternity Hospitals
- Private Cosmetic Hospitals
- Dental Surgeries/Clinics
Medical negligence can typically arise in situations such as
- Delay in diagnosing a patient’s illness or injury
- Misdiagnosis of a patient’s illness or injury
- Misreading of test results or medical reports leading to
- Improper or inadequate medical care provided to the patient
- Substandard medical care provided to the patient
- Substandard hospital hygiene leading to contraction of infections or illnesses
- Inadequate presurgical care for the patient, e.g., the medical practitioner/professional failing to communicate the risks of the surgical procedure or inability to assess the patient’s suitability for the procedure
- Errors made in the prescription and dispensing of medicine for the patient
- Errors made in a surgical procedure
- Anaesthesia awareness (waking up during surgery) while under general anaesthetic
- Where foreign bodies and medical materials not correctly removed after a surgical procedure
How Much Compensation Can I Get for Medical Negligence Claim?
The amount of compensation you will be awarded will take into account
Medical Negligence Payouts - General Damages
The type, severity, permanency, and persistence of your injury will be taken into consideration. How your quality of life has been affected will also be considered, i.e. pain and suffering as a result of the injury sustained.
Whether the injury sustained is likely to have long-term consequences or be permanent is also considered. The amount of time that you have to live with the effects of the injury sustained due to medical negligence will be factored into the settlement compensation. For example, in circumstances where if a younger person has to live with the permanent effect of their injury for a longer period of time, the compensation amount may be larger than an older person who has suffered a similar injury.
Medical Negligence Payouts - Special Damages
Special Damages are a category of damages claimed which include the cost of the current and future medical treatment that you require as a result of the medical negligence. For example, future care costs such as nursing care, home and vehicle adaptations, ongoing treatment with specialist practitioners and counseling etc.
The Court will take into consideration any loss of earnings that the plaintiff may have suffered and may suffer in the future. In some cases, those who have suffered injury as a result of medical negligence may be unable to work.
What are the Legal Time Limits for Medical Negligence Claim?
The legal time limits on how long you have to make a medical negligence claim are called The Statutes of Limitation. It varies depending on the situation.
Generally, the patient who has sustained the injury or illness due to the medical negligence of a medical practitioner / professional has two years from the date of the accident to pursue a compensation claim. Or two years from the date of knowledge of when the injury or illness was sustained as a result of medical negligence.
Medical Negligence involving children
A child (minor, under 18 years old) legally cannot pursue a medical negligence claim by themselves. They can legally pursue the claim two years less a day from the date of their 18th birthday.
Alternatively, the parent or guardian of the child can pursue a medical negligence claim on behalf of the child before their 18th birthday, if they wish to do so. They can do so after the date of knowledge of the injury or illness sustained was a result of medical negligence by the medical professional. Your solicitor would be able to advise you on the correct course of action for you depending on your case.
You may contact a solicitor to discuss your case to help you discover how long you have left to make a claim. Often, due to the complexity of medical procedures, you will only know who is responsible for your condition after another doctor has examined your case. We can help you with this.
Have you experienced Medical Negligence in Ireland?
- Have you had a surgical procedure that did not turn out as it should?
- Have you been left in pain or do you continue to suffer from physical discomfort or physical scarring?
- Have you been misdiagnosed or had a delayed diagnosis of cancer or another serious illness which has affected your health?
Our team of medical negligence solicitors at Coleman Legal, Ireland may be able to help you. Any injury suffered during a medical procedure whether it is physical or psychological may have long-term effects on the victim and their families.
Our Medical Negligence Team
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 can advise you of all legal remedies available to you at this stressful time. By easing as much of the stress associated with medical negligence claims as possible, our aim is to help you through the trauma of your experience with empathy and understanding. Coleman Legal can help you find out if you are eligible for 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.
*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.
Our friendly and experienced team is waiting to take your call. Line available from 9 a.m to 5:30 p.m
AvMA, a nonprofit dedicated to patient safety and justice, has given Coleman Legal its seal of approval. On their website, they provide helpful advice on how to choose a specialised solicitor for your clinical negligence claim, which may assist you
84 Talbot Street, Dublin 1
Free Phone - (1800) 844 104
Coleman Legal South, Co. Kerry
(+353) 86 0599872
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