Can I make a medical negligence claim * after 2 years?

We are blessed in Ireland with a generally good Health Service; but when things go wrong they can have a major impact on you and your family and when that is the case you will need a Medical Negligence solicitor so call us now your medical negligence lawyers to review your legal options. Everyone in the Medical profession, Doctors, consultants, Nurses, Technicians, Dentists etc have what is called a “Duty of Care” to the people that they treat or look after. If they are negligent in that “Duty of Care” then you have the right to explore taking a Medical negligence case with your Medical Negligence solicitors against them.

If we take the recent situation of the disaster for the women concerned over the Cervical Check smear tests as part of the Cervical check service where smear test results were misdiagnosed as being clear and then some years afterwards when the mistake was found out the new results were not communicated to the women concerned. If you have any questions or even concerns about your treatment, then you should talk to your doctor. Only then, if you feel that you have been the victim of Medical Negligence, you must get legal advice right away from a personal injury solicitor.

Generally speaking, you must start a malpractice lawsuit within two years of when the Medical Negligence occurred or more importantly from when you became aware of any possible Medical Negligence. This time is called the limitation period. More precisely, it is within two years of when a reasonable person would realise that Medical Negligence might have occurred. Even if you are well during this time, you should act quickly – while witnesses are still available and their memories are fresh. So in limited circumstances you have 2 years from the date you became aware of a potential claim, even though the event may have occurred many years ago. If you are thinking of starting a lawsuit, you will have to be very patient.

Malpractice suits can often take two to five years or more and in some extreme cases longer from start to finish Referring back to the cervical cancer misdiagnosis cases, the results were that hundreds of women were given the wrong results and as a result, as well as not been given the correct diagnosis after they performed a check, women have died and others have terminal cervical cancer. If you have suffered from missed cancer diagnosis, whether or not it was a result of a Cervical check then you must please call us now your medical negligence lawyers to review your legal options and the possibility of a misdiagnosis cancer claim. Of course medical negligence is not just restricted to cancer and can arise out of;

  • Clinical negligence
  • Birth injuries
  • Cerebral palsy
  • Brain injury
  • Spinal injury
  • Acquired brain injury
  • Cosmetic surgery
  • Hip implant
  • Narcolepsy
  • Erbs palsy
  • Surgical errors
  • Brachial plexus
  • Nursing homes
  • Teeth work or Dental negligence
  • failure to act in a timely fashion
  • lack of standard care
  • failure of hospital procedure
  • failure of nursing home procedures

The list is very extensive and long but check with your Medical negligence solicitors. Whereas Personal Injury claims have to be submitted to the Injuries Board (PIAB) in Ireland this is not the case for Medical negligence claims in Ireland. You must prove three basic elements to bring a viable medical negligence claim for misdiagnosis or failure to diagnose:

  1. The medical professional owed you a duty of care
  2. The medical professional breached that duty and their mistake amounted to negligence, and
  3. You suffered harm or injury due to that negligence.

What Constitutes Negligent Diagnosis in Medical Negligence? Medical professionals act negligently when they do not provide the quality of care that other reasonably competent medical professional would have provided in similar circumstances. In medical negligence claims, you have the burden of comparing the quality of care that other reasonably competent medical professionals would have provided in the same circumstances.

Once you prove the medical standard of care that another reasonably competent medical professional would have achieved, you must prove that the medical professional failed to achieve that particular standard of care. A medical professional might fail to achieve the standard of care in any of the following ways when it comes to a diagnosis and medical negligence:

  • A medical professional might incorrectly conduct or interpret a blood or any other test that could cause a mistake in narrowing down or even denying the possibilities of treatment.
  • A medical professional might fail to recognise the urgency of one of the possible medical problems, again in narrowing down or even denying the possibilities of treatment.
  • A medical professional might fail to include an important potential medical problem on the initial differential diagnosis list.
  • A nurse might fail to properly provide diagnostic medication, altering the patient’s response to the medication and leading the medical professional to the wrong conclusion.

Have Questions About Personal Injury and Negligence Claims?
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Gary Matthews Solicitors

Medical negligence solicitors, Dublin

We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.

Contact us at our Dublin office to get started with your claim today

Gary Matthews Solicitors