Medical Negligence
What is medical negligence?
It should be noted that medical negligence refers to a form of personal injury that results from the failure of medical or health care professionals to provide proper care. In addition to this, Medical negligence is a very complex area of law. You should speak with a medical negligence solicitor as soon as possible after the incident to determine if you have a medical negligence case.
To make a claim under medical negligence is it essential that you start the process as soon as possible. There are many strict rules on time limits and other criteria when making a claim for medical negligence so it is best to seek advice from trusted Medical Negligence Solicitors.
Who can claim for medical negligence?
You can claim for medical negligence if you have been injured due to negligence during medical treatment and medical procedures. No type of medical treatment or procedure is excluded from Medical Negligence Claims so if you have been injured due to negligence under any of these circumstances you may proceed with your case.
How can we help you?
Fachtna O’Driscoll Solicitors, Medical Negligence Solicitors Cork, have over 100 years combined experience advising and empowering clients. Furthermore, we are aware that an incident of medical negligence is a very emotional and painful experience. We do everything in our power to make the legal process as easy and as non-stressful as possible for you, not least by providing trustworthy and reliable advice.
What are the areas of medical negligence?
Areas of medical negligence include but are not limited to the following:
- Neurosurgery negligence
- Gastroenterology negligence
- Dental negligence
- Hip replacements
- Accident and Emergency negligence
- Birth related Injuries
- General Surgery negligence
- Doctors’ negligence
- Chiropractic negligence*
- HSE negligence
- Cosmetic Surgery negligence
- Cardiology negligence
- Radiology negligence
- Gastroenterology negligence
- Nephrology negligence
- Respiratory negligence
- Orthodontic Negligence
- Anaesthesia Negligence
- Neurology negligence
- Endocrinology negligence
- Histopathology negligence
- Pathology negligence
- Psychiatry negligence
- Ear Nose & Throat negligence
- Vascular Surgery negligence
- Pharmaceutical (Drugs) negligence
- DePuy Hips
- Obstetric negligence
- Pregnancy related errors
- Labour related errors
- Midwifery negligence
- Gynaecology negligence
- Orthopaedics negligence
- Eyes/Ophthalmic Injuries
- Cancer negligence
- Delayed Diagnosis Claims
- Failure to Diagnose Claims
Making a Claim:
The process for making a medical negligence claim in Ireland is different when compared to other personal injury claims. Unlike most other personal injury claims it not necessary to apply to the Injuries Board first for medical negligence claims. Nevertheless, in order to prove that a doctor is negligent, it is necessary to establish that no reasonably competent doctor with the same qualification and expertise, faced with the same set of circumstances, at the same time would have acted in the same way. Therefore, it is also necessary to show that the injury was caused by the negligence.
At Fachtna O’Driscoll, our Medical Negligence Solicitors Cork suggest the following steps if you think you have a medical negligence claim:
1. Contact a Medical Negligence Solicitor:
Firstly, it is advisable that you speak with a medical negligence solicitor as soon as possible after the incident, our Medical Negligence solicitors in Cork can help you right from the beginning. A medical negligence solicitor is a solicitor who specialises in this area of law. Therefore, once you have done this, your solicitor can then advise you on the steps to be taken to ensure that the claim is dealt with as efficiently as possible.
2. Medical Records
In order to make a medical negligence claim with our Medical Negligence Solicitors Cork, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor that treated you. Thus, in order to do this it will be necessary to obtain all of your relevant medical records. After, your solicitor will prepare an authority for you to sign to take up your medical records. The records will need to be examined in consultation with you.
3. Independent Medical Expert Assessment
Then, your medical records will need to be reviewed by an independent medical expert with the appropriate expertise. This will help to assess if there was substandard care and if the substandard care caused your injury.
Statute of Limitations – Legal Time Frames
It is very important to be aware that there are time limits in place within which you can make a claim for medical negligence. For medical negligence claims the law in relation to the Statute of Limitations (time limits) within which a case can be taken is two years from the date of the accident/ injury or in some circumstances two years from the date a person became aware that their illness/injury was a result of medical negligence. In the case of persons with intellectual impairment or in the case of Minors (persons under the age of 18 years) the time limits are extended by the legislation. Therefore, for further advice on these issues, you should get in touch with a member of our team of medical negligence solicitors Cork immediately in order to ascertain what the specific time limits are in your case.
Successful Case Stories By Fachtna O’Driscoll Medical Negligence Solicitors of Cork
- We acted for a client who had a right knee replacement. Unfortunately, a large piece of loose acrylic bone cement was left in the right knee at the time of the surgery, resulting in severe ongoing symptoms for our client. Our client had to issue proceedings for medical negligence as she had to undergo subsequent revision surgery and the cement was removed which eased her symptoms. We secured a substantial settlement for our client without her having to attend court.
Medical Negligence Solicitors in Cork City
At Fachtna O’Driscoll, our team of Medical Negligence Solicitors in Cork, will provide you with the expert advice you need.
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