Medical Negligence Dublin

Experienced Medical Negligence Solicitors in Dublin

If you need help with your Medical Negligence case in Dublin, Cantillons’ Medical Negligence Solicitors can help.

Our dedicated team of Dublin Medical Negligence Solicitors take the stress out of the process and work with you on your Medical Negligence Claim to ensure you get the best results.

We have many years of experience in Medical Negligence law, and our extensive knowledge in this complex area will ensure that your claim has the best chance of success.

If you have been a victim of Medical Negligence or have been injured due to the error of another person, talk to our team at Cantillons’ Medical Negligence Solicitors +353 (0) 1 264 1802 today about your options.

In this article, we have answered some of the most commonly asked Medical Negligence Compensation Claim questions. Read on to find out more and contact us to discuss your situation.

What Is A Medical Negligence Claim?

A Medical Negligence Claim is a claim for compensation made by a person (or their next of kin in some instances) who has been injured because of an error made by A Medical Professional, Private Hospitals and/or the HSE. It may also be known as a Clinical Negligence Claim.

A Medical Negligence Claim is similar to a Personal Injury Claim, although there are differences.

In order to bring a Medical Negligence Claim, a Medical Expert must confirm that medical negligence has, in fact, taken place.

Medical Negligence cases may include misdiagnosis, which gives rise to incorrect or delayed treatment, routine surgical errors, cosmetic surgery errors and injuries that arise during the process of giving birth. An injury or illness that has been made worse because of incorrect treatment or substandard treatment might also give rise to a Medical Negligence Claim.

Birth injuries occur if a Medical Professional is negligent during the birth process resulting in injury to the mother or the child. Injuries that occur to mothers during birth include 3rd and 4th-degree perineal tears, damage to the spinal nerves during epidural and undiagnosed eclampsia. Such negligence may give rise to a Medical Negligence Claim.

In some Medical Negligence cases, the injury or the full extent of the injury may not be apparent immediately. Sometimes, it can take months for an injury to develop or to be fully realised. It may still be possible to bring a Medical Negligence Claim in this situation.

When you make a Medical Negligence Claim, it is usually brought against the Medical Practitioner who caused the injury, the Hospital where the injury occurred and/or the HSE. The details of your case will determine who your claim is brought against, and your Medical Negligence Solicitor will guide you on this.

Medical Professionals liable for Medical Negligence Claims include General Practitioners, Surgeons (including Cosmetic Surgeons and Plastic Surgeons), Obstetricians, Gynecologists, Ophthalmologists and Consultants. Both private and public practitioners can be held liable.

Claims may also be taken against Dentists and Orthodontists where they have provided substandard care which results in injury. For more information, please see our Dental Negligence page by clicking here.

Medical Negligence Claims can also extend to medical products and devices. If a manufacturer has made an error that causes injury, you may be able to make a claim.

Further, if a Chemist or Pharmacist dispenses the wrong medication, resulting in an injury, then you may have an entitlement to compensation.

To find out whether your case is likely to succeed, speak to an experienced Medical Negligence Solicitor.

Who Can Make A Medical Negligence Claim?

You may be able to bring a Medical Negligence Claim if you have been injured during a medical treatment or procedure if the injury arises from negligence.

If your child was injured as a result of Medical Negligence, you may bring a case on their behalf. Cases can also be brought by the legal guardian of an incapacitated individual.

It does not matter what type of treatment you received as there is no medical treatment that is exempt from Medical Negligence Claims. Therefore, whether you have undergone laser eye surgery, treatment for cancer or a blood transfusion, if you have been injured as a result of negligence, you can make a Medical Negligence Claim.

How Does the Statute Of Limitations For A Medical Negligence Claim Work?

The Statute of Limitations sets out the legal time limit within which a Medical Negligence case must be brought.
In Ireland, Medical Negligence Claims must be made within 2 years from the day of the injury. There are some exceptions to this, for instance, if the injury was not immediately obvious or you did not know there had been a medical error until a later date. This is known as the date of knowledge, and in this case, the time limit of 2 years will begin from the date you discovered the injury or error.

If you are considering bringing a Medical Negligence Claim, it is essential to start the process as soon as you possibly can.

If your case involves negligent medical care for a child or infant, the time limits laid out by the Statute of Limitations are different. It is possible for a parent or guardian to bring the case on behalf of their child soon after the injury, but you may also wait until the child’s 18th birthday, at which point the 2-year time limit to complete the claim will apply. It is important to speak to a specialist Medical Negligence Solicitor before deciding on this option, however, as it may affect the type and amount of compensation your child is entitled to.

Different Types Of Medical Negligence Claims

Medical Negligence Claims in Ireland can include a wide range of medical treatments and practices.

To summarise, all injuries and illnesses caused by the negligent action, or inaction, of a Medical Practitioner, Hospital or the HSE may be liable for compensation.

Types of Medical Negligence that we advise and represent at Cantillons Solicitors include:

• Medical Procedures
• Birth injuries
• Birth mismanagement
• Cerebral Palsy
• Anaesthesia
• Orthopaedic
• Accident & Emergency
• Medication
• Pharmacy / Prescription Errors / incorrect Dosage
• General Practitioner (GP)
• Gynaecology
• Obstetric
• Pregnancy mismanagement
• Labour mismanagement
• Postpartum
• Midwifery negligence
• Caesarean Section errors or delays in performing the C–Section
• Brain Injury
• Paediatrics
• Erbs Palsy
• Shoulder Dystocia
• Perineal tears (3 and 4th degree tears)
• Stillbirth
• Delay or failure to admit to hospital
• Allergic Reactions
• Cannula Injury
• EEG misreading
• Informed Consent
• Complications following operation
• Mental Health
• Neurology
• Neurosurgery
• Pathology
• Histopathology
• Plastic Surgery
• Psychiatry
• Radiology
• Surgical Claims

• Organ perforation during operation
• Bowel perforation
• Laceration to organ
• Medical Devices
• Hip Implants
• Breast Implants
• Hypoxic Ischemic Encephalopathy
• Misdiagnosis
• Cervical Cancer
• Smear misreading
• Pathology
• Histology
• Ear Nose and Throat (ENT)
• Retained swabs/device/needle
• Unexpected neo-natal death
• Respiratory Medicine
• Infectious Diseases
• Urology
• Gastroenterology
• General Surgery
• Vascular Surgery
• Hepatitis Infection
• Medical Product Liability
• Dental Product Liability
• DePuy Hips
• Hospital-Acquired Infections
• Eyes/Ophthalmic Injuries
• Laser Surgery
• Delayed Diagnosis Claims
• Blood Transfusion
• Blood Product Transfusion
• Dental Procedures
• Orthodontic
• Cardiology
• Colorectal Surgery
• Endocrinology
• Cosmetic Surgery
• Cancer Misdiagnosis Claims
• Oncology

We also supply advice and representation for:

• Coroner’s Inquests
• Patient Support Groups

• Patient Advocacy Groups

How Do I Make A Medical Negligence Claim In Dublin Ireland?

• Find Specialist Medical Negligence Solicitors

When you are making a Medical Negligence Claim in Ireland, the first step is to find an experienced Medical Negligence Solicitor.

Your Solicitor will work through your case and help you to collect the evidence required to process the claim. Having an experienced Medical Negligence team means your case will be processed quickly and correctly, giving you the best chance of a favourable outcome.

• Statement of Events

When you initially meet with your Medical Negligence Solicitor, you will need to be prepared to answer several detailed questions about your experience. To prepare for this meeting, it is a good idea to make notes with as much detail as possible, including all the important points, names and relevant dates.

At Cantillons Solicitors, our Medical Negligence Litigation Team understands the sensitive nature of these types of claims, and we always provide a discreet, empathetic and confidential service.

• What Evidence is Needed for Medical Negligence Compensation Claims?

Medical Negligence Cases rely on evidence that clearly demonstrates:

• The negligent actions, inactions or decisions that led to the injury.
• The connection between the negligent act and the injury that was caused.
• The type of injury you have received and the extent to which it has affected your life. This includes the impact the injury has had on every area of your life, including employment, mobility and quality of life.

Your Medical Negligence Solicitor will discuss the details of your case with you and explain what evidence they need from you. This could include:

• Receipts for/proof of follow-up medical care and out-of-pocket expenses,
• Proof of loss of earnings,
• Evidence of how your quality of life has been negatively impacted,
• Care costs,
• Aids and appliances expenses,
• Accommodation and house adaptions costs.

• Medical Records

Your Medical Negligence Solicitor will obtain all of your medical records regarding your health and any treatment you have received. You will need to provide them with full details of the names of the doctors who have treated you and the clinics and hospitals you have attended, along with the dates (if possible), so it is a good idea to keep a note of these.

Once your Solicitor has obtained your medical records, they will use them to find evidence of negligence/fault.

• Medical Experience

Members of the Medical Negligence Team at Cantillons Solicitors also have medical experience, including Nursing and Pharmacy. This is very helpful in processing Medical Negligence Cases, and we also have access to a number of independent Medical Experts to assist with claims.

• Letter of Claim

Your Medical Negligence Solicitor will write a Letter of Claim to the Medical Practitioner concerned, and/or Hospital and/or the HSE, outlining the alleged negligence and the injuries suffered. In this letter, your Solicitor will ask that liability be admitted and compensation be paid.

• Next Steps

If liability is not admitted and/or adequate compensation is not offered, the next step is to start legal proceedings and issue a Personal Injuries Summons.

How Long Can A Medical Negligence Claim Take?

Every case is different, so it is hard to say how long your Medical Negligence case will take to resolve. The average case takes at least 18 months to process from start to completion.

Claims are often delayed by complexities within the case and by the responses made by the Defendant.

Compensation in a Medical Negligence Claim: How Much?

Ireland introduced new Personal Injury Guidelines in Spring 2021, in order to make it easier to calculate compensation for Personal Injury Claims and Medical Negligence Claims. These guidelines replace The Book of Quantum, which was previously used to calculate compensation in such cases.

The new Guidelines were developed to create transparency and consistency around the compensation awarded to claimants. The Guidelines categorise claims by type, with different categories including (but not limited to):

• Post-Traumatic Stress Disorder
• Head Injuries
• Neck Injuries
• Injuries to internal organs
• Burns and Scarring

Each category is broken down into bands according to the severity of the injury and each band has a suggested amount of compensation. Here, you can see the Guidelines that relate to severe and serious neck injuries and moderate neck injuries:

Source: judicialcouncil.ie

See Ireland’s Personal Injury Guidelines here or contact us at Cantillons Solicitors for more information.

Our Medical Negligence Success Stories

• Girl, 6, settles case over birth at Limerick hospital with €850k payment (Source: Irish Examiner)
• Boy (15) with spina bifida get €4m interim payment over care at two hospitals (Source: The Irish Times)
• Claim over delay in diagnosing infant’s condition settled for interim payment of €570,000 (Source: breakingnews.ie)
• Boy with cerebral palsy settles case over post-birth care for €3.75m (Source: The Irish Times)
• Hospital apologises to family of farmer (47) who collapsed and died while on waiting list for surgery (Source: The Irish Independent)

Medical Negligence Solicitors Dublin

Contact Cantillons Solicitors

At Cantillons Solicitors, we have experience in complex Medical Negligence Cases.  If you are looking for a Medical Negligence Solicitor, please contact Cantillons Medical Negligence Solicitors using the contact form below or call us at Dublin  +353 (0) 1 264 1802. Alternatively, you can email us at info@cantillons.com for more information. Our offices are located at 31-36 Ormond Quay Upper, Dublin.

We do, however, represent clients from all over Ireland. Should you be unable to attend our offices, we are more than happy to travel to you or conduct the meeting on Zoom.

Dublin Address: Cantillons Solicitors, Ormond Building, 31-36 Ormond Quay Upper Dublin 7. D07 EE37

Dublin Office Phone Number: 01 264 1802

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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. Many Medical Negligence Solicitors portray themselves as “no win no fee Medical Negligence Solicitors”. This term can be misleading and it is essential that you discuss fees with the Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.