Claiming for Medical Malpractice Negligence | Medical Negligence Solicitors
What is a medical negligence claim?
As we are medical negligence solicitors , we like to simply explain that, a medical malpractice or negligence claim is a claim arising from injuries and loss caused by negligent medical treatment. Medical negligence claims may relate to various different matters, including the following:
- Misdiagnosis
- Delayed diagnosis
- Defective products or defective medical devices
- Lack of informed consent to medical treatment
- Birth-related injuries
- Dental negligence
A medical negligence solicitor is a solicitor who specialises in this area of law. Fachtna O’Driscoll Solicitors are medical negligence solicitors in Cork who have vast experience in this area.
How do I prove medical negligence in Ireland?
The Plaintiff in a medical malpractice or negligence claim must prove two things:
- A breach of duty: they must prove that no reasonably competent doctor with the same qualifications, skills and expertise, faced with the same set of circumstances, at the same time would have acted in the same way.
- Causation: they must prove that they sustained injuries or suffered an adverse outcome and that these injuries/adverse outcome(s) occurred as a result of the breach of duty.
The Plaintiff must engage medical experts in the relevant field, depending on the circumstances of the medical treatment in question, who will examine the Plaintiff’s medical records in detail and provide liability reports addressing the two issues above.
It is often the case that different experts are required to provide reports addressing the issues of breach of duty and causation. Breach of duty reports should be provided by experts with the same speciality and qualifications as the practitioner who provided the medical treatment, the subject of the claim.
What is the time limit for medical negligence claims in Ireland?
The time limit for medical negligence or malpractice claims is two years from the date the cause of action accrues or two years from the date the Plaintiff first had the requisite knowledge, as under Section 2 of the Statute of Limitations (Amendment) Act 1991. Whether Section 2 applies to a particular case and the way in which it applies will vary on a case-by-case basis, depending on the particular circumstances.
It is, therefore, very important that you consult with medical negligence solicitors as early as possible if you intend to make a medical malpractice or negligence claim to ensure that you understand the claims process and what is required of you from an early date.
This time limit is extended beyond two years for minors or individuals with an intellectual impairment and your solicitor can advise on the time limit that applies in your individual case.
How do I make a claim for medical negligence?
The first step is to consult with medical negligence solicitors who will take detailed instructions regarding the circumstances of the claim. They will then write to all relevant medical practitioners and hospitals requesting your medical records. Once the records are received, they will be reviewed and the necessary experts will be briefed to provide liability reports. If the reports are supportive of your claim, your solicitor will then brief counsel to draft legal proceedings which when approved will issue.
Fachtna O’Driscoll Solicitors are medical negligence solicitors in Cork who specialise in this area of law and can guide you through what is involved, with an empathetic approach and with clear and comprehensive advice.
You can contact our Medical Negligence Solicitors Cork team by calling 021 427 8131 or by emailing info@fodlaw.ie.
