Medical Negligence Claims:
When medical care falls below the acceptable standard and results in injury, illness, or death, you have the right to seek justice and compensation. We provide representation for a full range of Medical Negligence (or Clinical Negligence) claims, from straightforward errors to the most complex cases.
Our dedicated team handles claims arising from all types of substandard medical care, including:
- Misdiagnosis and Delayed Diagnosis: Failure or delay in identifying a serious illness or injury, leading to a poorer outcome.
- Surgical Errors: Mistakes made during any type of surgery, including general, cosmetic, or specialist procedures.
- Maternity and Birth Mismanagement: Negligence occurring during pregnancy, labour, or delivery, affecting mother or baby.
- Medication Errors: Mistakes in prescribing or administering drugs.
- Fatalities: Cases involving death as a result of medical negligence.
Our Unique Multi-Jurisdictional Approach
As a firm operating across Ireland, the UK, and Northern Ireland, we utilise a distinct, highly effective strategy to benefit your case:
- Objective Medical Opinion: To establish a legally sound claim for negligence, we must obtain a supporting opinion from an independent medical expert.
- Instructing Experts Abroad: We frequently instruct highly qualified Doctors and Consultants outside of Ireland. By engaging experts in the UK or other jurisdictions, we ensure that the medical opinion is fully independent and objective, free from the risk of professional acquaintance bias often encountered when relying solely on local experts.
This rigorous, multi-jurisdictional approach provides your case with the most impartial and robust foundation for successfully proving negligence and securing the compensation you deserve.
Frequently Asked Questions
- What is the definition of medical negligence?
It is when a healthcare professional (a doctor, nurse, or institution) provides care that falls below an acceptable standard, and that substandard care directly causes you an injury or harm that was otherwise avoidable.
- Is there a time limit to start a claim?
Yes. In Ireland and, the time limit (Statute of Limitations) is generally two years and three years in Northern Ireland, England and Wales from the date of the negligence or the “date of knowledge.” The date of knowledge is when you first became aware that your injury was caused by negligence.
- What if the injured person is a child?
The time limit does not start running for a child until their 18th birthday. This means they have until they are 20 years old to initiate a claim.
- Can I make a claim if a family member died?
Yes. You can pursue a Fatal Injury Claim on behalf of the deceased’s estate and eligible dependents. The time limit runs from the date of death or the date the family knew the death was caused by negligence.
- What is the first step I should take?
The first step is to contact us as a solicitor immediately. We will take a detailed statement, obtain all your medical records (GP, hospital, specialist), and begin the crucial investigation phase.
- How do you prove a case of negligence?
You must prove two things: 1) Breach of Duty: The care provided fell below the required standard. 2) Causation: The breach of duty directly caused or contributed to your injury/loss. This is established using expert medical reports.
- What is the most important evidence?
The Independent Expert Medical Report. A specialist in the relevant field (often from outside Ireland) must review your records and state that, in their opinion, the care was negligent and caused your injury.
- Will I have to go to court?
Most medical negligence cases settle out of court through negotiation or mediation. However, every case is prepared as if it will go to trial to ensure you achieve the best possible outcome.
- What compensation can I claim for?
Compensation (known as ‘damages’) is divided into two parts: 1) General Damages: For the pain, suffering, and loss of amenity caused by the injury. 2) Special Damages: For financial losses, including past/future loss of earnings, medical expenses, care costs, and necessary adaptations to your home or vehicle.
- How long does the claim process take?
Medical negligence claims are complex and require extensive investigation. While simple cases may resolve quickly, the average timeframe for complex cases is typically 2 to 3 years from issuing proceedings to settlement or judgment.
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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
