I was told by a doctor that my allergic reaction was due to an error on my medical charts, does this admission of negligence mean that I do not need to make a compensation claim for a hospital administrative error in order to receive compensation?
The hospital is unlikely to voluntarily accept liability for an administrative error and instruct its insurance company to pay you compensation, so a compensation claim for a hospital administrative error will need to be made.
Even if you were informed by a hospital doctor that the reason you were prescribed medication that you were allergic to was because your allergy was not listed on your medical charts, this is not an admission of liability and hospital administrative error claims will still be necessary to recover compensation.
There are two actions that you should take promptly to preserve your right to make a claim for an injury caused by a hospital administrative error and to ensure your case can be resolved in the shortest possible time frame. An investigation into the mistake that caused you to suffer an allergic reaction must be conducted by the HSE, and until this investigation has taken place you will not be able to file your compensation claim for a hospital administrative error. You must there for write a letter of complaint to the HSE requesting an explanation as to how the mistake was allowed to occur.
You should also contact a medical negligence solicitor to discuss making a compensation claim for a hospital administrative error as soon as possible. When prompt legal advice is sought it can speed up the claims process considerably.
When you speak with a solicitor for the first time you will need to explain your situation and the injuries you have sustained. You will be given specific legal advice about how you can make compensation claims for hospital administrative errors, and you will be informed of the procedures that must be completed in order to do so.
In addition to the HSE investigation, the error must also be independently investigated to establish the third party responsible for the error, as the negligent third party must be identified before hospital administrative error claims can be filed. Your solicitor will write to all parties involved to establish how the mistake was made, as it may not necessarily be one individual who is liable for your injuries. The work of the administrative staff may have to be checked by a supervisor and your injury could have been caused by a catalogue of administrative errors and procedural failings that could implicate a number of individuals.
Once the facts of the case are established, and evidence of medical negligence has been collected, it will be possible to file compensation claims for hospital administrative errors to recover compensation for the physical and mental suffering caused, in addition to recovering any financial losses sustained as a result of your injuries. A solicitor will calculate your maximum entitlement to compensation and will attempt to get your claim for an injury caused by a hospital administrative resolved as quickly as possible.