Medical Negligence Solicitors
for all types of Medical negligence Claims in Dublin, Ireland
What is considered Negligence (either medical or clinical) by a doctor or a medical or health professional?
All professional medical people, experts, and staff whether they are from all medical sectors, Consultants, Doctors, Nurses, Home care workers, Dentists, or indeed anyone who is employed by the HSE or a public or private medical entity looking after and treating patients as well as seeing to their rehabilitation must have certain expertise and follow what is called “Duty of Care”. What does “Duty of Care” mean? In one encyclopedia it says about negligence;
“The legal obligation to take reasonable care to avoid causing harm. Experienced Doctors, staff, and other health professionals all have a duty of care towards their patients: if they fall short of the expected standards of care they may be charged with negligence.”
Of course, we have a good Health Service, and a very large percentage of people are treated well by Doctors, staff, and other specialist medical teams and experienced health professionals, but they are under pressure and stress all the time and unfortunately, accidents do happen. In the health sector mistakes are VERY visible and transparent to everyone not only experts.
If you feel that you are a victim of negligent treatment and a lack of “Duty of Care” in the medical treatment or in hospital negligence or lack of rehabilitation that you have received, then call us now, your Medical negligence solicitors in Dublin Ireland on 01 5240606 to discuss your legal options for any claims.
Transparency of the Acts of Medical Negligence
Of course, we have a good Health Service, and a very large percentage of people are treated well by Doctors, staff, and other specialist medical teams and experienced health professionals, but they are under pressure and stress all the time and unfortunately, accidents do happen.
In the health, sector mistakes are VERY visible and transparent to everyone, not only experts.
If you feel that you are a victim of negligent treatment and a lack of “Duty of Care” in the medical treatment or negligence in hospitals or lack of rehabilitation that you have received, then call us now, your solicitors in Dublin Ireland on 01 5240606 to discuss your legal options for any claims.
Can Our Medical Negligence Solicitors Help You Claim For Medical Malpractice Or Hospital Negligence?
Yes, our clients can claim for medical malpractice. Still, you will certainly need us to help you with your Medical Negligence lawyers to give you expert legal advice on Medical or hospital Negligence claims. As your Medical lawyers, we have the expertise and specialise in clinical and medical negligence for our clients.
If you're not sure about something, here's what to do:
As experienced Dublin solicitors, we will spell out what you need to know and the order in which a medical negligence claim will happen as well as the financial consequences and risk involved before your Medical negligence claim is settled.
We understand that this is a confusing topic to the majority of people, and that's understandable. That's why you should come to us for expert advice, and leave the thinking and all the hard work to us. All you have to do is give us a call at 01 524 0606!
- Delayed diagnosis services or failure to diagnose at all
- Wrong diagnosis of brain injury (or brain injuries)
- Acquired Brain injury by a specialist team
- Medication problems. Either they receive the wrong dose of Medication either too little Medication or too much Medication or the wrong type of Medication altogether
- The inability of your medical team to properly start or carry out, or support or provide rehabilitation
- Wrong Psychological assessment of the client
- Any negligence that caused loss of life
- Head injury
- Spinal injury
Who Can Be Prosecuted For Professional Negligence In The Financial Sector?
In Medical malpractice, miscommunication may occur between medical professionals of health care to a patient or between the medical professionals and the patient.
Common Communication Issues
Common communication issues in Medical Negligence include:
The often miscommunication about the patient’s health and medical condition
Poor documentation on the health and medical condition
Lapses in understanding the medical records
Misinterpretation of test results (such as blood or X-rays that are taken from the patient)
Things to be aware of in Medical Negligence claims
Medical Negligence claims exist if the negligence of the medical provider causes injury or harm to a patient. However, experiencing an injury or harm may not always be outright proof of medical malpractice or negligence claims.
Medical negligence claims arise when you have solid proof of them, so make sure you collect everything you have that may be of help.
How Can You Sometimes Find Out You Were A Victim?
Also, sometimes medical providers will tell a patient that they have received negligent medical care from a previous medical provider. Our medical negligence claims solicitors can assist with any injury sustained as a result of medical negligence.
Another thing to take notice of in Medical Negligence is a settlement without the need to go to court.
Here's what you need to know about Insurance companies
Typically, insurance companies wish to come to a settlement with a victim of Medical Malpractice one to one if they are able, and this manoeuvre lets them get away with it before the patient becomes fully aware of the extent of their injuries.
HERE'S WHAT THEY'LL ALSO TRY
They also try stopping the harmed person from instructing Personal Injury solicitors who would increase the settlement value of the Medical Negligence claim, if they can, through their legal work.
It is important to note, that most experienced Medical Negligence solicitors will not take on a claim unless the harm and injuries that are written down in the medical records are substantiated by an independent medical expert.
The Health service is and has been under pressure for two major reasons:
The population of Ireland has increased over the last ten years by an estimated 12% to 14%, and due to the economic problems following the demise of the Celtic tiger in 2006/2007 resources have been in very short supply for medical and health providers causing severe stress for the people that work in medical and health services and when people are stressed they make mistakes.
ALSO KEEP THIS IN MIND:
The population of Ireland is increasingly living longer now compared to previous generations. On one hand, this is good, but the older people get the more they are going to need medical health and medical treatment for brittle bones that easily break, dementia, and various types of cancer in the kidneys, lung cancer, prostate, and liver problems. The list of their needs goes on and on.
Popular Questions Around Medical Negligence And Medical Malpractice Settlements
We are aware that there are some reoccurring questions regarding this topic, and we've decided to answer them for you before you even got to our offices!
What will you find here?
Here, you'll find the answers to some of the most popular questions regarding medical malpractice and medical negligence.
If you're interested in medical negligence law, you should come and see us in person since there isn't a good way of paraphrasing a whole law.
In addition to that, it's much easier to explain the terms such as "medical negligence proceedings" or "medical negligence compensation" to the fullest extent in person.
Also, if you think you lived through medical malpractice by your medical professional, keep reading - you'll find quite a lot of interesting facts below!
Do You Provide Help For the Cervical Check Smear Tests Scandal?
Is there anybody left in Ireland that is not aware of the recent medical scandal involving the results of the Cervical Check smear tests? If you are one of those women or their families who have suffered because of this, please call us - your Medical negligence solicitors now on 01 5240606 to discuss your legal options as well as a possible medical negligence claim.
What We Also Provide
We do provide help for Cervical Check Smear and are more than happy to help you. We strongly advise you to give us a call and come see our professionals. They will help you make a strong case in court and get fair medical negligence compensation for what you have been through.
How hard is it to prove medical negligence?
In order to win compensation in a medical negligence case, you have to prove that your medical professional’s negligence caused foreseeable harm, pain or injury.
This harm, pain or injury can take many forms, including trauma and suffering, the cost of medical bills, the loss of earning income, and the provision of care, either temporary or in extreme cases for the rest of your life.
What will you need?
You will need expert reports to prove this and so it is essential that you instruct a specialist Personal injury lawyer to navigate that road on your behalf. It is best to bring all the physical evidence that may help prove that you have sustained a personal injury as a result of medical negligence.
Dental negligence claims
One more thing to keep in mind is that if you think you have a case that can end up in dental negligence claims, they prove more easily since there is a lot of information involved in keeping your dental record straight (which is obligatory). Despite what some of you would think, dental negligence occurs much more often.
How do I know if I have a medical malpractice case?
In order to take a medical negligence claim in Ireland, you must primarily obtain an expert’s report (from a person of similar qualifications who treated you) and this report must show both negligence and causation when it relates to misdiagnosis claims or other related negligence by a medical practitioner, meaning your medical practitioner fails to provide you help in a required way.
In other words, injuries sustained, or harm are due to that negligence. If you obtain such a report, your prospects of obtaining a successful outcome are extremely high.
This goes for everybody that has some kind of written records of the malpractice which are extremely valuable in a trial for medical malpractice. If you have some records of that nature, it's best that you see a specialist medical negligence solicitor and see if you have enough to win a case in a small timeframe.
How long does it take to win a medical malpractice lawsuit?
Medical negligence claims are normally resolved within a three-year period and can be a contentious business. In order to take a medical negligence claim in Ireland, you must first obtain an expert’s report (from a person of similar qualifications who treated you) and this report must show both negligence and causation. And that it's considered contentious business.
In other words, your injuries or harm are due to that negligence. Once you obtain that report, you can issue the appropriate proceedings.
This also brings your chances of getting fair compensation to a level that you may find satisfactory.
What happens if a doctor misdiagnosed you?
Mistakes by consultants and medical professionals can and do alter a victim’s life forever. Defendants in medical negligence cases are usually hospitals, consultants, and sometimes healthcare companies.
Unfortunately, they are often experienced in defending negligence suits and fight hard to minimise a victim’s compensation and deny responsibility.
So, if you have been misdiagnosed you need to contact a specialist personal injury lawyer immediately, who will assess if you have a potential claim that may end in your favour.
How do I start a medical malpractice lawsuit?
You must prove three basic elements to bring a viable medical negligence claim. Firstly, you must show that the medical professional owed you a duty of care at the time of the alleged error.
This is important since, without this, the medical professional that practised malpractice on you can claim that they weren't responsible for you at the time of the injury.
Secondly, the medical professional’s mistake amounted to negligence, and thirdly, the fact that you suffered harm or injury due to that negligence. Competent solicitors in Ireland (medical negligence claims solicitors) will help you understand the process.
Give us a call, and we will make sure we explain everything to you in such a manner that you will understand everything!
How do I sue a doctor for pain and suffering?
In order to take a medical negligence claim in Ireland, you must first obtain an expert’s report (from a person of similar qualifications who treated you) and this report must show both negligence and causation directly.
In other words, injuries or harm that you sustained are due to that negligence without any question.
Once you obtain that report, you can issue the appropriate proceedings and consult a legal practitioner and begin the claims process, discuss fees or other charges or help you to calculate fees and discuss options for mitigating.
It's important that you have all the papers that you need to start in order to help your legal practitioner in starting the lawsuit. Otherwise, it may be harder to start and even finish with the desired goal.
Suing is something that comes after you collect all the papers you need as evidence that will play to your advantage, and it's not something you should be concerned about. Your lawyers will do that for you, so it's as easy as bringing the papers to our office!
What is the most common reason for malpractice?
Firstly, the most common reasons for medical negligence claims are surgical injuries (errors relating to attending to a surgeon, surgical procedure (surgical negligence/surgery negligence), accidents and emergencies, a consultant, anesthesiologist, or nursing staff.
Secondly, a birth injury that involves the child and/or mother unfortunately occur and the third main category is the failure to diagnose a patient correctly, or a delay in diagnosis.
For instance, a delay in the correct treatment for cancer caused by misdiagnosis can affect your quality of life and your survival chances, just like the recent cervical smear debacle. It's important that your further treatment doesn't have the same characteristics as the treatment that left you with severe aftermath.
How much money do you usually get for pain and suffering?
The SCA (State Claims Agency) claims that the average medical negligence award in Ireland is currently €63,000, but depending on the severity of the case, settlements can be far higher, for example, in the cervical cancer misdiagnosis cases, the average award for pain and suffering is €500.000.
You will also be entitled to an award for loss of earnings, out-of-pocket expenses, and in extreme medical negligence cases the cost of carers and the alterations to your home.
The problem with predicting the claims for medical negligence is that every case is specific when it comes to, for example, time that was lost because of the negligence, the severity of the condition at the time of the malpractice, etc...
It's best to come and see us with all the evidence you have, and then we can tell you in greater detail how much compensation you'll get for your specific case.
How long do you have to bring a medical negligence claim for medical malpractice?
In Personal Injury claims, they have to be sent to the Injuries Board (PIAB) for their assessment of the claim. This is not the case in Medical Negligence, as they do not have to be sent to the Injuries Board (PIAB).
Details of the Medical negligence claim are then sent directly to the relevant hospital, to the Consultant, and to the Doctor, which saves a lot of time compared to the personal injury claims.
We, as your experienced Clinical and Medical Negligence solicitors, can inform you that you have a time limit of two years from the time of the negligence or the time that the symptoms of the medical negligence became apparent in which to make a clinical or medical negligence claim or claim if you are an adult.
If you are a minor, or a child, you then have two years from the minor's eighteenth birthday in which to make a Medical negligence claim. However, some minors start the Medical Negligence process by having their parents sue the party that carried out the medical malpractice instead of them.
So, some clients may think that they have time to spare or an extended time limit to get their claim settled but be aware that it is nearly always a rush for those clients to ensure they meet the deadline in our office with all the relevant medical negligence evidence needed.
Want to Sue? Give us a call, don't waste your money or your time!
You need to speak to your clinical negligence law firm who will explain to you the claimant what No Win No Fee means and how this arrangement could help you get your Medical Negligence settled and also deal with your legal costs.
Then, your lawyer will have some interesting ideas on how negligence medical is funded with viable funding suggestions.
Not all lawyers in Dublin have the expertise in Medical Negligence solicitors and you know experience and trust count for an expert Medical negligence team!
You will need us, your hospital Negligence Solicitors to request all the medical records from the Medical practitioner to be sent to your practice solicitor’s office.
To get the happy outcome that you deserve in Court with your injury, claim talk to your solicitors now and make an enquiry.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin