Law Firm Personal Injury Lawyer Conveyancing Medical Negligence Cork & Kerry
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 claiming the HSE due to defective medicine?
18. Can I claim a private hospital?
19. If I file a claim, will my current medical treatment change?
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?
Health care providers are just as accountable for their mistakes as anybody else. If you’ve suffered an injury as a result of an error made by a doctor or medical practitioner, you may be entitled to receive compensation.
Our team of dedicated medical negligence solicitors are ready to provide you with proper access to justice and to fight hard so that you receive the compensation you deserve.
We have experience in dealing with claims such as:
Accident and emergency injuries
Acquired brain injuries
Cosmetic/plastic surgery errors
Defective medical products
Oncology & cancer misdiagnosis
You should expect to receive a standard of care for yourself and your loved ones whilst seeking medical care. If this standard is not met, it can have severe and often life-changing consequences – leading to permanent physical injury, psychological trauma, or even death. That’s why seeking compensation and recourse is often necessary to recover physically and financially from such medical negligence.
However, you must initiate your claim as soon as possible. Generally speaking, your claim must be made within two years from the date you become aware of your injury – whether that’s on the day you received negligent treatment or many years later.
So, if you feel you have been the victim of medical negligence in Ireland – even if it’s just a suspicion – you should seek legal advice now by calling our Cork Solicitors firm Green & Associates
The complexity of medical negligence injury claims means that they are primarily dealt with by legal action in the courts. Our team of expert medical negligence solicitors are sympathetic to how daunting and fearful the prospect of legal action can be – that’s why we’ll work at a pace you are comfortable with in a sensitive, relaxed and transparent way.
Although the process will be somewhat different for every case, your first step will always be to seek legal advice by calling our experienced team of medical negligence solicitors. With offices in the heart of CorkCentrall Business District, our first step will be to sit down and listen to your case.
Generally speaking, the second step in the process will be to obtain your medical records and to study them in detail. Your medical records are a crucial part of any claim you may have as they’re the only official record of what happened to you and who was involved.
To help build your case, the next step is to use your medical records to obtain professional opinions and expert reports from specialist doctors in the same field. They may be in a position to let us know if the standard of care you received fell below the accepted norm. If necessary, we may also decide to obtain professional opinion and advice from a medical expert in another country.
We frequently engage experts in nursing, psychiatrists, psychologists and occupational therapists. We may also choose to hire a financial expert who can calculate the financial loss that may arise from your inability to work.
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:
If you are entitled to compensation, it will usually be composed of 2 elements:
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.
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.
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:
· 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 problems
While 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.
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.
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.
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.
Dylan Green, 12 South Mall, Cork, T12 RD43.
Tel: 021 470 8570
Out of hours 089 463 2554
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