Hospital Negligence Claim Solicitors
When you visit a hospital for treatment of any kind, you do so with the expectation that you will be treated with a high standard of care and that you will be safe. Unfortunately, there are times when hospital patients are failed and they do not receive the standard of care they should.
If you have been injured because of an error while in hospital, you may have grounds for a Hospital Negligence Claim. Contact Cantillons Solicitors today ((0)21 4275673) to speak to a Hospital Negligence Claims Solicitors.
What Is A Hospital Negligence Claim?
A Hospital Negligence Claim is a form of Medical Negligence Claim. A Hospital Negligence Claim is a compensation claim made by a person who has been injured in error by a medical professional, private hospitals and/or a public hospital (the HSE).
It is possible to make a Hospital Negligence Claim against any type of hospital, including private and public (HSE) hospitals. No medical practitioner or establishment is exempt from medical negligence claims.
- Private Hospital Negligence Claims
Private Hospital care is available to any patient for a fee. These hospitals are independent of the HSE run State care and are typically owned and run by companies. If you are treated at a private hospital and receive substandard treatment you may have grounds for a Hospital Negligence Claim. This includes receiving treatment that aggravates an existing injury or causes a new injury. A deterioration in your health that could have been avoided may also lead to a Hospital Negligence Claim.
Public hospitals can be liable for Hospital Negligence Claims made by patients. In Ireland, public hospitals are funded by the Health Service Executive (HSE). Some public hospitals are not run by the HSE, but rather by their own Board. As there are more public hospitals and medical centres than private ones in Ireland, claims against the HSE are not unique. In fact, in 2019, the list of compensation payouts in Ireland reflect that medical negligence and hospital accident payouts cost the State more than €2.4 billion.
Types of Hospital Negligence
Sadly, the types of Hospital Negligence claims is a long one. Examples of hospital negligence include:
- Incorrect diagnosis of an illness or injury. For example, failing to diagnose a concussion or an internal injury.
- A delayed diagnosis. When an error leads to a delayed diagnosis, you may also be able to make a Hospital Negligence Claim. An illness diagnosis being delayed can lead to unnecessary suffering but can also delay treatment and the chances of recovery. Unfortunately, patients in Ireland experienced this unimaginable situation during the Cervical Check Cancer Scandal.
- A hospital failing to refer you to the correct or a necessary specialist or consultant.
- Test results not being acted on or not being acted on in a timely manner. This includes blood tests, scans, smears and mammograms. Failing to act on the results of a medical test can lead to missed treatment opportunities.
- Patients becoming ill due to inadequate hospital hygiene. This includes MRSA, Covid 19.
- Intra-operative injuries e.g. an adjoining organ to the one being repaired gets damaged.
- Swabs left behind after surgery.
- Failing to ensure that a patient fully understands the risks of a treatment/procedure.
- Consent failure. When you are due to undergo an optional surgical procedure, the hospital is required to get your consent.
- Injuries to mother or child caused by substandard care during labour.
How Do You Make A Hospital Negligence Claim?
- Find An Experienced Solicitor
The first step in making a Hospital Negligence Claim is to contact an experienced Hospital Negligence Solicitor.
When you first meet with your Hospital Negligence Claims Solicitor, they will ask you about your hospital experience. Details are a vital part of any Hospital Negligence Claim and your Solicitor will ask a lot of questions. These meetings and conversations are always confidential and are your opportunity to share what happened. Give your Hospital Negligence Solicitor as much detail as possible about everything that has led to you making the Hospital Negligence Compensation Claim.
When you first speak with a Solicitor, ask about their experience with similar claims. Not every Solicitor Practice has Hospital Negligence experience. We recommend also asking about fees and availability. Legal practices with good resources and plenty of experienced solicitors will be better placed to assist you.
- Information Gathering
Every Hospital Negligence Claim is required to prove that negligence led to your injury or exasperated your illness. To do this, your Solicitor will need access to your medical records. Your Hospital Negligence Solicitor will, with your permission, seek your medical records from the hospital, your GP and any other associated clinicians.
In order to bring a Hospital Negligence Claim, an independent medical expert must confirm that there was in fact negligence.
- The Letter of Claim
A Letter of Claim will be drafted by your Hospital Negligence Solicitor when the medical expert confirms that negligence is to blame.
- The Next Step
When a hospital receives a Letter of Claim, they will usually engage their legal advisors and investigate your claim. Following the investigation, the hospital will either accept liability or refute your claim.
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 Hospital Negligence Compensation 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 Hospital 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.
Contact Our Hospital Negligence Solicitors in Cork
Speak To Cantillons Solicitors Hospital Negligence Claims Solicitors today. 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 Cork +353 (0)21 4275673 or Dublin +353 (0)1 264 1802 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 Medical Negligence Solicitors portray themselves as “no win no fee Medical Negligence 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.