Compensation for Medical Procedure Errors
This article contains information about claiming compensation for medical procedure errors when you – or somebody close to you – have undergone medical procedure and suffered an injury due to the poor professional performance of a medical practitioner. As you will see below, no two claims for medical procedure errors are the same, and you should always discuss the individual circumstances of your medical injury with an experienced Irish solicitor to determine that you have a claim for medical procedure errors compensation which is worth your while to pursue.
It is important that you receive an adequate settlement of compensation for medical procedure errors – not only to repair the damage inflicted on you due to medical negligence, but also to compensate you for any pain you may experience during or after the procedure and the consequences that the medical procedure errors have made to your quality of life.
Establishing Medical Negligence for Medical Procedure Errors
Medical procedure errors can manifest in many ways – and are not always caused by the medical procedure you have undergone. Failing to screen for pre-existing conditions, which can result in complications during a medical procedure is a significant factor in medical procedure errors compensation claims, as is a lack of information prior to a procedure advising a patient of the risks involved. Failing to inform a patient of the special precautions necessary to prevent post procedure infections or injuries is also classified as medical negligence and would qualify you to make a claim for compensation for medical procedure errors should you sustain an infection or injury as a result.
In order to establish that medical negligence has been responsible for the medical procedure errors you have experienced, your solicitor would engage the services of an expert in the field of medicine relevant to your procedure. The expert would ascertain whether you have suffered an injury which “in the circumstances and at the time” could have been avoided with greater care and, if a preventable infection or injury has been sustained which is not attributable to your own lack of care, you will be able to make a claim for medical procedure errors compensation.
Procedures for Claiming Medical Procedure Errors Compensation
The procedure for claiming medical procedure errors compensation is that your solicitor will send a Letter of Claim to the negligent medical practitioner, advising him or her that you are making a claim for medical procedure errors and supporting your claim with the evidence collected of medical negligence. If your claim for medical procedure errors is particularly strong, your solicitor will invite the negligent medical practitioner to make an offer of compensation – as medical negligence compensation for medical procedure errors is not assessed by the Injuries Board Ireland.
If medical negligence is admitted, and an offer of compensation for medical procedure errors is forthcoming, your solicitor will advise you whether the offer represents a fair and adequate settlement of medical procedure errors compensation or recommend that he or she negotiate on your behalf for more. Court action will only be necessary if the negligent medical procedure denies liability for your procedure injury or disputes how much compensation for medical procedure errors your solicitor believes you are entitled to.
How Much Compensation for Medical Procedure Errors?
How much compensation for medical procedure errors you will be entitled to will depend on the nature and severity of your injury in relation to your age and whether any pre-existing conditions were identified prior to you undergoing the medical procedure. Both the physical and the emotional consequences of your procedure injury will be accounted for in a claim for medical procedure errors, and it is advisable that you maintain a diary to record the times on which you were unable to complete day to day activities or enjoy leisure and social pursuits because of the medical negligence you have experienced.
You will also be able to recover financial costs – both past and future – in a medical procedure errors claim. These costs can relate to any expenses you have incurred in the pursuit of medical treatment for your injury, the cost of revision surgery if required, and other sundry costs that you might have experienced – such as the cost of public transport if the medical procedure errors mean that you are unable to drive. Any lost income due to a medical procedure injury can also be recovered in a claim for medical procedure errors compensation.
Medical Procedure Errors and the Statute of Limitations
Some medical procedure errors may not manifest for several months after your injury has been sustained and therefore the Statute of Limitations in Ireland – in relation to compensation for medical procedure errors – allows you two years from the date on which you know you have sustained an avoidable injury due to medical negligence in which to make a claim for medical procedure errors compensation.
The “date of knowledge” is not the date on which you underwent the negligent procedure or noticed a deterioration of your health, but the date on which you are diagnosed with an injury which is attributable to medical procedure errors. Naturally, your first consideration should be to seek treatment for your procedure injury, but you should keep any receipts of payments you make for pain relief or revision surgery so that the costs you incur can be recovered in a medical procedure errors claim.
Further Information about Compensation for Medical Procedure Errors
If you believe that you – or somebody close to you – have suffered an injury due to medical procedure errors, you are invited to call our freephone Solicitors Advisory Panel and speak directly to an experienced Irish solicitor. Our solicitor will discuss with you the possibility of making a claim for medical procedure errors compensation and try to establish wherever possible that you have a claim for medical procedure errors which is worth your while to pursue.
After speaking with our solicitor you are under no obligation to proceed with a claim for compensation for medical procedure errors, but it is in your best interests to seek professional legal advice at the first practical opportunity. If it is established that you have a viable medical procedure errors claim, it could take a considerable amount of time to determine the full consequences of your medical injury and how much compensation for medical procedure errors you could be entitled to. To rush a claim, and be undercompensated for medical procedure errors, could result in not receiving sufficient compensation to pay for the treatment that would reverse the erroneous medical procedure.