GP Medical Negligence
When we are in need of medical care, we trust that General Practitioners (GPs) will provide professional and competent services.
However, there are, unfortunately, instances where the care provided falls short of expected standards. At times this can result in harm or injury to a patient. In such cases, a patient may be able to pursue a GP Negligence Claim seeking compensation for the injury suffered.
If you have been harmed or injured due to GP negligence, speak to Cantillons Solicitors today to get advice on whether you are entitled to bring a GP Negligence Claim.
What Are GP Negligence Claims
GP Negligence Claims in Ireland are legal actions taken against GPs who have breached their duty of care, resulting in an injury or harm. GP Negligence Claims are a form of Medical Negligence Claim.
The following things have to be proven for a GP Negligence Claim to be successful:
- There was negligence, i.e. that no other Doctor, acting reasonably, would have done what this Doctor did if faced with the same set of circumstances;
- There is an injury arising out of the negligent act;
- Causation, i.e. the negligence caused the injury or the outcome would have been different if the negligence had not occurred.
Common Cause of GP Negligence – Misdiagnosis
Misdiagnosis occurs when a GP fails to accurately identify or diagnose an injury or illness, resulting in improper or delayed treatment. Misdiagnosis by a GP can lead to injury or illness.
Common types of GP Negligence misdiagnosis include:
- Misdiagnosing infection.
- Misdiagnosing cancer.
- Delayed cancer diagnosis.
- Patients receiving unsuitable treatment or medication.
- Failure to refer a patient to a specialist or for further testing.
- Failure to refer a patient to hospital.
GP misdiagnosis can have severe consequences, including unnecessary pain and suffering, complications, and, sadly, death. A misdiagnosis can also result in reduced chances of treatment being successful.
Who Can Make a GP Negligence Compensation Claim?
If you have been injured as a result of a GP’s Negligence, then you may be able to bring a GP Negligence Claim.
If you are the parent of a child who was injured as a result of a GP’s Negligence, then you may bring a case on their behalf, as can the legal guardian of an incapacitated individual. Also, if you are the next of kin or a loved one of a patient who sadly died as a result of a GP’s Negligence, you may be able to bring a GP Negligence Claim.
Seeking the assistance of legal professionals with extensive experience in Medical Negligence Claims is advisable to navigate the complex legal process.
How to Make GP Negligence Claims
Making a claim against a General Practitioner, or making a Medical Negligence Claim, may result in you receiving compensation for the injury, loss and damage suffered. The following are some steps to consider:
- Seek Legal Advice
Consult with experienced Solicitors who specialise in GP Negligence Claims. Experienced Medical Negligence Solicitors are best placed to assess your case and advise you on the viability of your claim.
- Obtaining your History
In your initial meeting with your GP Negligence Solicitor, they will need to ask you a lot of questions about your experience. This is to establish a clear picture of what happened. In advance of your initial meeting, it would be wise, if you can, to make a note of all the important points and dates relevant to the event.
- Gather Evidence
Your GP 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, Pharmacists, Therapists, clinics and hospitals you attended.
Once your Solicitor has gathered your medical records, they will review them. The more details and records available to your Solicitor, the more evidence they may find.
Your Solicitor will also seek receipts for expenses incurred, including any loss of earnings.
At Cantillons Solicitors, members of our legal team also have dual qualifications including Nursing and Pharmacy. Their assistance with Medical Negligence Cases is very helpful, particularly when reviewing records etc.
- Obtain An Expert Opinion:
In order to bring a Medical Negligence Claim, a medical expert must confirm that there was in fact medical negligence. Your Solicitor will take this step on your behalf. The medical expert assesses if the GP’s actions fell below the expected standard of care.
Given Cantillons Solicitors knowledge and experience in the area of Medical Negligence, we have access to a vast number of independent medical experts to assist with the claim.
- Letter of Claim
If the expert confirms negligence, then the next step is that your GP Negligence Solicitor will write a Letter of Claim to the medical practitioner and/or the HSE, outlining the negligence and injuries suffered and asking that liability be admitted and for compensation to be paid.
- Next Steps
If adequate compensation is not offered, then the next step is to initiate the Court process by issuing legal proceedings.
Time Limits for GP Negligence Claims
When you have a claim to make, it is essential that you start the process as soon as possible.
There are very strict rules on how long you have to make a GP 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 GP 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.
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.
To determine the specific time limit applicable to your GP Negligence Claim, consult with an experienced Medical Negligence Solicitor.
Legal Costs in GP Negligence Claims in Ireland
The idea of legal proceedings can be daunting, and they can sound expensive. We recommend discussing legal fees with your GP Negligence Solicitor during your initial meeting. Your GP Negligence Solicitor will be open with you about how they calculate fees. In fact, Solicitors in Ireland are obligated to do so.
We understand that the prospect of a ‘no win, no fee option’ is tempting. However, we do urge caution and encourage you to question its legitimacy. These types of fee terms are often misleading.
Please note that, in contentious business, a Solicitor may not calculate fees or other charges as a percentage of any award or settlement.
Contact our GP Negligence Claim Solicitors
It is important to consult with the appropriate Solicitors with extensive experience in Medical Negligence for the best outcome.
Speak To Cantillons Solicitors, GP Negligence Claims Solicitors, today if you wish to discuss a claim. From our offices at 39 South Mall, Cork and 31-36 Ormond Quay Upper, Dublin, we represent clients from all over Ireland. Contact us using the contact form below, by phone (at +353 21 4275673 or +353 1 2641802) or by email at info@cantillons.com for more information. We are more than happy to travel to meet our clients who cannot attend our offices or to arrange a 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 Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork” or “no win no fee Solicitors Dublin”. This term can be misleading and it is essential that you discuss fees with the Medical Negligence Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.
