Do I Have a Medical Negligence Case? A Quick Checklist for Irish Patients

Medical experiences can, in themselves, be a minefield of emotions and confusion for anyone. Add to this the unfortunate occurrence of experiencing an injury or being harmed in some way, and the situation can quickly become overwhelming.

Medical Negligence often leaves patients feeling distressed, vulnerable and uncertain about what steps to take or their right to make a complaint or claim compensation. For patients in Ireland who have been victims of Medical Negligence but are unsure about whether they have a Medical Negligence Claim, Cantillons Solicitors has put together a straightforward checklist to guide you in your next steps.

For more information about making a Medical Negligence Claim, contact our experienced Medical Negligence Solicitors in Dublin or Cork using the form below.

What Is Medical Negligence?

Medical Negligence refers specifically to a situation where a patient suffers an injury due to the negligence of a medical professional, private hospitals and/or the HSE. A Medical Negligence Claim seeks compensation for the injury, loss and damage suffered because of that negligence.

There are many different types, such as:

• Birth injuries suffered by the mother or baby.
• Pregnancy mismanagement.
• Labour mismanagement.
• Birth mismanagement.
• Midwifery negligence.
• Caesarean Section errors or delays in performing the Section.
• Shoulder Dystocia.
• Perineal tears (3^rd and 4^th degree tears).
• Stillbirth.
• Bowel perforation.
• Laceration to the organ.
• Cervical Cancer.
• Delay or failure to admit to the hospital.
• Misdiagnosis or failure to diagnose.
• Organ perforation during operation.
• Wrongful death.

If you are unclear about whether you experienced Medical Negligence after reading this article, contact the experienced Medical Negligence Solicitors at Cantillons Solicitors for guidance.

Medical Negligence Claims Checklist

To help you understand if you have a Medical Negligence Case, carefully consider the list below. Please note that this is not an exhaustive list, and if you are unsure whether your circumstances fall within these categories, a consultation with a Medical Negligence Solicitor can help clarify your position.

Was a duty of care owed to you?

Any patient being treated by a medical professional or receiving care from a healthcare provider, private clinic or the HSE is owed a duty of care.

Did the medical care fall below an accepted standard?

In successful Medical Negligence Cases, you must prove that the treatment or care received fell below the accepted standard.

A negligent act may include, for example,

• a failure to diagnose cancer,
• incorrect treatment,
• an error made during surgery,
• a failure to provide adequate aftercare,
• prescribing the wrong medication.

Irish courts require an independent medical expert to provide a medical opinion confirming that the care fell below the expected standard. It will need to be established that no other doctor, faced with the same set of circumstances, acting reasonably, would have done what occurred in the case in question. However, treatment will not be considered negligent if it was supported by a responsible body of medical professionals acting in accordance with accepted practice. To determine this, your Solicitor will engage an independent medical expert.

Did negligent treatment cause you harm?

Your Solicitor will enquire of you what injury you suffered as a result of the negligent act.

When did you first become aware of the Medical Negligence?

There are very strict rules on how long you have to make a Medical Negligence Claim (and Personal Injury Claims). The Statute of Limitations sets out the amount of time in which a case must be brought.

For Medical Negligence Claims in Ireland, the time limit is two years from the day of injury. There are some exceptions to this, including if you did not know a wrong had been committed until a later date (the date of knowledge), then the time limit will run from the date you discovered this wrong.  Further, if you did not initially know you suffered an injury, then the time will only start from the date you became aware of the injury.

When you have a claim to make, it is essential that you start the process as soon as possible.

For children and infants, the time limits laid out by the Statute of Limitations are different. One option is that a parent of the child can bring the case on their behalf soon after the injury. The other option is to wait until the child’s 18^th birthday, when the child then has two years to complete the claim. This may not always be advisable. If your child has received a medical injury, speak to a solicitor before deciding when to make the claim – the compensation which may be awarded if the case is successful may go a long way in assisting the child with the injuries.

Do you have evidence to support a claim?

Strong evidence is essential in Medical Negligence Cases. This usually includes medical records, expert reports, witness statements, and details of injuries suffered and financial losses. Your Medical Negligence Solicitor will assist with this.

In Ireland, medical records are obtained through a formal request process, which your Solicitor will manage on your behalf.

Should You Speak to a Medical Negligence Solicitor?

If you believe that there is a strong likelihood that you have been the victim of Medical Negligence, then it is essential to speak to a Medical Negligence Solicitor at Cantillons Solicitors.

Contact Cantillons Medical Negligence Solicitors in Cork and Dublin

At Cantillons Solicitors, we represent clients from all over Ireland for medical negligence claims.

If you require legal assistance with a Medical Negligence Claim in Dublin or Cork, get in touch with us using the form below. Alternatively, call us on +353 (0)1 264 1802 / 021 4275673 or email us at info@cantillonsolicitors.com for more information.

Our Dublin office is located at Ormond Building, 31-36 Ormond Quay Upper, Dublin 7 and our Cork office is located at 39 South Mall, Cork. Should you be unable to attend our offices, we are more than happy to travel to you or conduct the meeting on Zoom.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Medical Negligence Solicitors portray themselves as “no win no fee Medical Negligence Solicitors Cork” or ““no win no fee Medical Negligence Solicitors Dublin” . This term can be misleading, and you must discuss fees with the Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.