Medical Negligence

Experienced Medical Negligence Solicitors

If you need help pursuing a Medical Negligence Claim, Cantillons’ Medical Negligence Solicitors can help.

With our years of expertise in Medical Negligence and in-depth knowledge of this complex area of personal injury law, we are here to help you.

If you have suffered an injury as a result of someone else’s error, speak to Cantillons’ Medical Negligence Solicitors (021) 427 5673) today about your options.

Below you will find answers to some of the most commonly asked Medical Negligence Compensation Claim questions.

 

What Is A Medical Negligence Claim?

A Medical Negligence Claim is a compensation claim made by a person who has been injured in error by a medical professional, private hospitals and/or the HSE.

A Medical Negligence Claim is a type of Personal Injury Claim.  You may also hear them sometimes referred to as Clinical Negligence Claims.

Misdiagnosis, routine surgical error, cosmetic surgical errors and birth injuries are all examples of Medical Negligence. An injury or illness that has been made worse because of incorrect treatment or inferior treatment might also give rise to Medical Negligence.

Birth injuries to mother or child may also give rise to Medical Negligence claims. If you or your child receive an injury because of a medical error, you may have a Medical Negligence Case. Examples of injuries suffered by mothers during birth would be Perineal tears (3rd and 4th degree tears).

Sometimes an injury, which is the result of Medical Negligence, may not be apparent immediately, and it may be a number of months, before the injury manifests itself. These people may also be entitled to bring a personal injury claim.

Medical Negligence Claims are usually brought against the medical practitioner who caused the injury, the hospital where it occurred or the HSE. Your Solicitor will guide you on who exactly the case should be brought against.

Medical practitioners liable for Medical Negligence Claims include General Practitioners, Consultants, Surgeons (including Cosmetic Surgeons and Plastic Surgeons), Dentists and Orthodontists. Private and public practitioners can be liable.

Medical Negligence Claims also extend to pharmaceuticals and medical and dental products. If you become ill or injured due to an error by the manufacturer or prescriber, a claim may be possible. To check the strength and options of your case, speak to an experienced Medical Negligence Solicitor.

medical negligence solicitor cork and dublin

 

Who Can Make A Medical Negligence Claim?

If you have been injured during a medical procedure or treatment, and that injury arose from negligence, then you may be able to bring a Medical Negligence Claim.

If you are the parent of a child who was injured as a result of Medical Negligence, then you may bring a case on their behalf, as can the legal guardian of an incapacitated individual.

The type of treatment you received is irrelevant as no type of medical treatment is exempt from Medical Negligence Claims. For example, whether you have received a blood transfusion, laser eye surgery, or cancer treatment, if you suffered an injury, which is the result of negligence, then a Medical Negligence Claim can be made.

 

What Are The Statutes Of Limitations And Time Limits For A Medical Negligence Claim?

There are very strict rules on how long you have to make a Medical Negligence Claim. These are dictated by the Statute of Limitations, a law that sets 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 a little 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 18th 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.

 

What Are The Types Of Medical Negligence Claims?

There are many types of Medical Negligence Claim in Ireland. In short, all injuries and illnesses caused by the negligent action, or inaction, of a medical practitioner, hospital or the HSE are compensatable. The areas of Medical Negligence that we advise and represent at Cantillons Solicitors include:

 

  • Medical Procedures
  • Birth injuries
  • Cerebral Palsy
  • Anaesthesia
  • Orthopaedic
  • Accident & Emergency
  • Medication
  • Pharmacy / Prescription Errors / incorrect Dosage
  • General Practitioner (GP)
  • Gynaecology
  • Obstetric
  • Pregnancy mismanagement
  • Labour mismanagement
  • Postpartum
  • Birth mismanagement
  • Midwifery negligence
  • Caesarean Section errors of delays in performing the Section.
  • Brain Injury
  • Paediatrics
  • Gynaecology
  • Erbs Palsy
  • Shoulder Dystocia
  • Perineal tears (3rd and 4th degree tears)
  • Still birth
  • 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
  • Paediatrics
  • 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
  • Surgical Claims
  • Blood Transfusion
  • Blood Product Transfusion
  • Dental Procedures
  • Orthodontic
  • Cardiology
  • Colorectal Surgery
  • Endocrinology
  • Laser Surgery
  • Cosmetic Surgery
  • Cancer Misdiagnosis Claims
  • Oncology
  • Delayed Diagnosis Claims

 

We also supply advice and representation for:
Coroner’s Inquests;

  • Patient Support Groups;
  • Patient Advocacy Groups and

 

 

How Do I Make A Medical Negligence Claim In Ireland?

  1. Get the Right Representation

The first step in making a Medical Negligence Claim in Ireland is to find an experienced Medical Negligence Solicitor. Your Solicitor will help you collect the required evidence and process the claim. Having an experienced and expert Medical Negligence Solicitor means your case will be processed as quickly as possible and without error.

 

  1. Statement of Events

In your initial meeting with your Medical Negligence Solicitor, they will need to ask you a lot of questions about your experience. These details will form your official statement for the case. In advance of your initial meeting, it would be wise, if you can, to make a note of all the important points and dates.

At Cantillons our Medical Negligence Solicitors, we understand the sensitive nature of these claims and always provide a discreet and confidential service.

 

  1. What Evidence do I need to make a Medical Negligence Claim?

 Medical Negligence Cases are built around evidence that clearly demonstrates:

  • The negligent actions or decisions that caused the injury.
  • The connection between the negligent act and the injury suffered.
  • The type and extent of injury you have received. This includes the impact the injury has had on your life, including employment, mobility and quality of life.

When you first meet with your Medical Negligence Solicitor, they will explain what evidence they need from you. This could include:

  • Receipts for follow up medical care and related medication,
  • Proof of loss of earnings,
  • Evidence of how your quality of life has been negatively impacted.

 

  1. Medical Records

Your Medical Negligence Solicitor will need to gather all your medical records regarding your health and treatment. For this, you will need to provide them with the name of the doctors, clinics and hospitals you attended.

Once your solicitor has gathered your medical records, they will study them for evidence of fault. The more details and records available to your solicitor, the more evidence they may find.

 

  1. Medical Expertise

At Cantillons Solicitors, members of our legal team also have medical expertise including nursing and pharmacy. Their assistance with Medical Negligence Cases is very helpful. Also, given our expertise and experience in the area of Medical Negligence, we also have access to a vast number of independent medical experts to assist with the claim. In order to bring a Medical Negligence Claim, a medical expert must confirm that there was in fact medical negligence.

 

  1. Letter of Claim

The next step is that your Medical Negligence Solicitor will write a Letter of Claim to the medical practitioner and/or hospital and/or the HSE, outlining the negligence and injuries suffered and asking that liability be admitted and for compensation to be paid.

 

  1. Next Steps

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

 

How Long Does A Medical Negligence Claim Take?

No two cases are the same which makes it difficult to estimate how long your Medical Negligence case will take. On average, the minimum length of time is around eighteen months.

Case complexities and the responses of the Defendant to the claim can delay proceedings.

 

How is the Amount of Compensation in a Medical Negligence Claim Decided?

In Spring 2021, Ireland introduced new Personal Injury Guidelines for calculating compensation for Personal Injury Claims. This includes Medical Negligence Claims. The Book of Quantum has been replaced.

The aim of these Guidelines is to establish consistency and transparency in the amount of Personal Injuries Compensation received by Claimants.  Within the Guidelines, injuries are categorised by type for example, there is a category for Post-Traumatic Stress Disorder, Head Injuries, Neck Injuries, Burns and Scarring. The Categories are then subdivided into different bands, depending on severity. A guide as to the appropriate amount of compensation is then provided on the right hand side. Below is an example of the Guidelines in relation to severe and serious neck injuries and moderate neck injuries:

sample of personal injury guidelines
Source: judicialcouncil.ie

The new Guidelines will apply to any Personal Injury Claims (including Medical Negligence Claims) made after April 2021.

View Ireland’s Personal Injury Guidelines here or speak to Cantillons Solicitors for more information and guidance with your Medical Negligence Claim.

 

Medical Negligence Solicitors Cork, Dublin Ireland

Contact Cantillons Solicitors

At Cantillons Solicitors, we have an excellent record of expertise in the complex area of Medical Negligence Law.  If you are looking for a Medical Negligence Solicitor, please contact Cantillons Medical Negligence Solicitors using the contact form below, call us on +353 (0)21 4275673 or email us at info@cantillons.com for more information. Our offices are located at 39 South Mall, Cork. 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.

Address:
Cantillons Solicitors,
39 S Mall, Centre, Cork, T12 W522

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

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Related Experts

Ernest J. Cantillon

Managing Partner

Lyndy Cantillon

Partner

Orla Kelly

Partner

Aisling Maher

Associate

Karen Kearney

Partner

Pat Daly

Partner

Marian Fogarty

Associate

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