Many medical negligence claims arise from injuries which have occurred which could be attributable to any one of a team of medical practitioners or hospital support staff. You may be entitled to compensation if you have suffered a loss, an injury or the deterioration of an existing condition which would have been avoided had an acceptable level of care been provided. Many of these negligent acts can have grave consequences for victims.
Medical Negligence can include
- The hospital/practice maintaining poor levels of hygiene
- A delay in diagnosing, a failure to correctly diagnose or a misdiagnosis of an injury or illness
- A failure to act
- An error in performance during a surgical procedure
- An error in the prescription or administration of medicines
- Inadequate follow up care of a patient after discharge
- Failure to refer a patient to another specialist where it was necessary to do so.
How to make a Medical Negligence claim
If you are unsure what constitutes medical negligence and whether an error has occurred which could warrant a claim for medical negligence compensation, you should seek legal advice from your Solicitor.
Due to the complex nature of making a claim for medical negligence in Ireland, the Injuries Board will decline to assess any claims submitted to them. Your solicitor will request your medical records and have them independently reviewed by experts in the field of the treatment you underwent. Your solicitor will then send a “Letter of Claim” which presents the case to the negligent medical practitioner or hospital. The procedure your claim will then follow heavily depends on the circumstances of your case.
It is possible that a defendant may claim that you are partly responsible for your injuries and should accept some liability. This is called “contributory negligence” and may result in a deduction from your compensation.
If you or a loved one has suffered consequences as a result of medical negligence, you may be entitled to compensation. Contact one of our Solicitors today to discuss what options are open to you.