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 Medical Negligence Solicitors Cork and Dublin

This Article will be discussing the medical negligence case brought against Temple Street Children’s Hospital by Benjamin Gillick who suffered irreversible damage due to the medical staff’s negligence and lack of care. 

Medical Negligence Solicitors & Medical Negligence Cork and Dublin

This article exists to serve the public interest by informing the public of the implications that are formed in the field of medical negligence due to this particular case. It is not to be considered legal advice but merely informative and will contain a passage at the end detailing how legal counsel can be sought for medical negligence. 

Medical Negligence Claims

In 2019, Benjamin Gillick, a nine-year-old boy, brought a claim for compensation for being left brain damaged and permanently disabled after a failure to diagnose an infection when he was a baby in the Temple Street Children’s Hospital, Dublin. 

Background

Benjamin Gillick was a patient at Temple Street Children’s Hospital, where the hospital failed to diagnose an infection. Benjamin was born prematurely and underwent a procedure at 11 months old to drain fluid from his brain. A shunt was inserted which would later result in an infection. Benjamin developed Meningitis and had a stroke, as a result of this he now has cerebral palsy. 

The negligence alleged against the Hospital was that they failed to properly investigate, diagnose, manage, treat and care for Benjamin, which resulted in him developing the infection. Benjamin now requires an extreme level of care and has to have two carers at all times. However, it is believed that this won’t affect his life expectancy and is expected to live into his 60’s but despite this, Benjamin will require constant care for the rest of his life. 

The Incident

Benjamin underwent a process at eleven months old to drain the fluid on the brain. A shunt was inserted by the hospital, and he later returned to the hospital vomiting and unaware. The court previously heard a shunt infection is a known complication of the procedure and the cause of the negligence was that for up to three days this possibility was not investigated, and Benjamin got progressively worse. 

Legal Process

Benjamin Gillick and his family brought a claim for compensation against Temple Street Children’s Hospital due to the constant care that he requires as a result of the medical negligence. Benjamin had to undergo a “gruelling regime” of therapy” and he also required two carers at all times. The case went through a lengthy legal process, involving several court appearances and expert testimonies. 

Outcome

Temple Street Children’s Hospital admitted liability in this matter and apologised for the “failings” that resulted in Benjamin’s injuries. After lengthy legal proceedings, which involved an interim payment of €6.7M to Benjamin’s parents 3 years ago, the case finally settled pre-trial. His damages will include the full cost of care and the cost of specialist treatment for Benjamin. Benjamin’s parents believed that the final award should have been higher. This is due to the “gruelling regime” of therapy that Benjamin had to undergo and because he requires two carers at all times.

The total damages awarded to Benjamin Gillick was €32.4M which is the highest ever settlement for a personal injury case in the Republic of Ireland.

What was the reason for the hospital’s admission of liability?

The hospital’s admission of liability in the case of Benjamin Gillick was due to the following reasons:

1. Negligence: The hospital’s negligence in that for three days the possibility of a shunt infection was not investigated, despite shunt infection being known as a complication of the procedure. The hospital was negligent about the investigation, diagnosis, management treatment and care of the shunt infection that he presented with on April 9, 2011.

2. Breach of duty: The hospital owed a duty of care to Benjamin and his family, which was breached by the medical staff’s mistake in their treatment of Benjamin. They failed to identify an infection that is known by medical professionals to be a common complication of the shunt procedure that he received by the same hospital. 

What was the reaction of Temple Street Children’s Hospital to the case?

By admitting liability, the hospital acknowledged that its negligence cause Benjamin to get progressively worse from the shunt infection and that compensation was necessary to cover the costs of his medical treatment, therapy, and his carers. 

Temple Street Children’s Hospital previously apologised in court “for the failings” that caused injuries to Benjamin Gillick who has cerebral palsy, is quadriplegic and cannot speak.

What was the hospital’s defence against the patient’s claim?

The search did not return relevant information regarding the hospital’s defence against Benjamin Gillick’s claim.

What are the implications of the case study on Benjamin Gillick for medical negligence cases?

The case study of Benjamin Gillick has several implications for medical malpractice claims cases:

1. Increased awareness of medical complications: The Benjamin Gillick case highlights the importance of medical staff being aware of the complications that procedures may have to be able to properly treat a patient. This increased awareness can lead to better practices and procedures in healthcare settings, reducing the likelihood of similar incidents occurring in the future. 
2. Compensation awards: The total €32.4M awarded sets a significant precedent for compensation awards in medical negligence cases. This amount reflects the sever impact of not checking the child for an infection after he was showing signs of being ill. All despite a shunt infection being known as a common complication. Other cases may be influenced by this precedent, leading to higher compensation awards for victims of medical malpractice. 
3. Legal Consequences for healthcare providers: The case demonstrates the legal consequences of medical errors, as healthcare providers can be held liable for damages resulting from negligence. This can lead to increased scrutiny and accountability for healthcare providers, ensuring that they adhere to high standards of care and patient safety.
4. Impact on public trust: The Benjamin Gillick case may affect public trust in the healthcare system, as it highlights the potential for lack of proper diagnosis and care and consequences of medical negligence. Patients already often have a hard time trusting the medical professionals taking care of them, but this case can lead to increased scepticism and mistrust among the public, who may question the safety and effectiveness of healthcare providers. 

Medical Negligence Solicitors Near Me

Green & Associates Solicitors are there to help with medical negligence in case you suspect that you have been affected by this. We cover a wide array of issues like misdiagnosis, incorrect treatment, medical staff overlooking important symptoms, an unnecessary delay in diagnosis or treatment, clinical negligence, and failure of medical equipment. 

If you have experienced any number of these issues, then the first step is to schedule an initial consultation to determine if there is a medical negligence case based on your situation. Next your medical records will be obtained and studied in detail. Medical professional’s opinions and expert reports from specialist doctors in the same field pertaining to your case will also be obtained. These professional opinions will help build your case and the same was done for Benjamin Gillick. When medical professionals stated that a shunt infection is a known complication of the procedure Benjamin received then the Judge was able to conclude that the hospital was negligent by not checking for that possibility when the child was unwell. This is an example of how valuable professional opinions and export reports are for your case. 

For more information and to book a consultation then you can email info@greensolicitors.ie or call our medical malpractice solicitors on 0214708570.

Healthcare professionals in Ireland maintain high standards of care, but occasional errors can lead to health issues or injuries. If you suffer harm due to a medical practitioner’s mistake, you may have the right to seek compensation.

● With a successful track record Greensolicitors specialises in medical negligence and personal injury claims.

● Our team can provide comfort and guidance whether your condition is major or minor.

● Medical negligence occurs when a healthcare professional falls below the expected standard of care, causing: 

● Illness

● Injury 

● Or disease

● Examples include: 

● Recommending inadequate treatment

● Or failing to identify a patient’s illness accurately.

● Doctors are held accountable for unreasonable actions. So, if your healthcare provider adheres to the appropriate standard of care and you still suffer health issues, seeking compensation might be challenging.

● Medical negligence cases are intricate and require thorough documentation before offering comprehensive advice.

● The statute of limitations for personal injury claims is usually two years from the incident’s date.

● While some cases may extend this limit, it’s safer to act promptly to avoid potential issues.

If you need help filing a medical negligence claim or seek advice on the claims process in Ireland, connect with Greensolicitors Medical Negligence Solicitors today.

It is advisable to contact Greensolicitors Ireland when you believe you may have been a victim of medical negligence and are considering pursuing a legal claim. 

Here are some situations that warrant contacting a medical negligence attorney:

● Suspicion of Medical Negligence: If you suspect you have experienced medical negligence, such as: 

○ Receiving substandard medical care

○ Incorrect diagnosis, 

○ Errors during treatment.

● Adverse Health Outcomes: If you have suffered: 

○ Significant harm

○ Injury, 

○ Adverse health outcomes from medical treatment or care.

● Concerns About Standard of Care: If you are unsure whether the medical care you received met the expected standard and have concerns about the quality of treatment.

● Failure to Diagnose or Misdiagnosis: In cases where a failure to diagnose or a misdiagnosis has negatively impacted your health.

● Informed Consent Issues: If you do not receive adequate information to provide informed consent for a medical procedure or treatment.

● Statute of Limitations Awareness: To be aware of the statute of limitations for filing a medical negligence claim, generally two years from the date of the incident.

In any of these situations, contacting Greensolicitors medical negligence solicitors can help you understand your rights, assess the strength of your case, and determine the best course of action to seek compensation for any damages you may have suffered.

Dealing with the intricacies of filing a medical negligence claim can be challenging, prompting many individuals to seek the guidance of seasoned medical negligence solicitors for an increased likelihood of securing compensation.

If you’ve suffered an illness, injury, or disease due to medical negligence, consider the following steps:

1. Initial Consultation: Schedule an initial consultation at 0214708570 to assess the viability      of a medical negligence case. This first consultation is typically free of      charge.
2. Medical Records      Examination: Provide      copies of medical records to an independent consultant to evaluate      adherence to accepted medical practices. Determine if there is a deviation      from the expected level of treatment.
3. Evidence Gathering: Our medical negligence solicitors will      collect the necessary evidence if a deviation is identified. This may      involve obtaining medical reports and opinions from expert professionals.
4. Claim Strengthening: Support the claim by presenting the most      substantial evidence. Ensure that the evidence reinforces the case against      the medical professional.
5. Expert Involvement: Dylan Green, the head of our medical      negligence claim team, is a renowned authority in the field. Leverage his      expertise and experience, especially in significant court cases.

If you have experienced an accident, injury, illness, or disease due to medical negligence, contact Greensolicitorstoday for assistance with your claim. 

Contact us at 0214708570 or email info@greensolicitors.ie.

Our dedicated team is ready to guide you in assessing the viability of your medical negligence claim and recommend the most effective steps to pursue compensation.

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I look forward to having you in the Green & Associates community!

Best regards,

Dylan Green

Please be advised that NOTHING discussed in ANY of our newsletters constitutes legal

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