Medical Negligence

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.