Medical Negligence

Medical negligence* refers to a form of personal injury that results from the failure of medical or health care professionals to provide proper care. 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. Fachtna O’Driscoll ( Medical Negligence Solicitors Cork ) have over 100 years combined experience advising and empowering clients. 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.

Areas of medical negligence include but are not limited to the following (and it’s a long list!):

  • 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. 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. It is also necessary to show that the injury was caused by the negligence.

You should take the following steps if you think you have a medical negligence claim:

1. Contact a Medical Negligence Solicitor

It is advisable that you speak with a medical negligence solicitor as soon as possible after the incident. (A medical negligence solicitor is a solicitor who specialises in this area of law). 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, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor that treated you. In order to do this it will be necessary to obtain all of your relevant medical records. 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

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. For further advice on these issues, you should contact a member of our team immediately in order to ascertain what the specific time limits are in your case.

Contact us to find out more about your Medical negligence case:

We will provide you with the expert advice you need. For more information contact our medical negligence solicitor: richael.odriscoll@fodlaw.ie or phone us on 021 4278131.

richaelodriscol

Richael O'Driscoll

LITIGATION & EMPLOYMENT AND FAMILY LAW.

richael.odriscoll@fodlaw.ie

Tel: +353 (0)21 4278131

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