Medical Negligence Compensation Guide

It’s not just about compensation

It can be hard to accept that human failure is a fact of life, and that even when we put ourselves in the hands of highly competent professionals, medical accidents can still occur. Unfortunately in the medical world these errors can often have serious consequences for the patient and their loved ones.

As medical negligence solicitors we find that many people who come to us for help are really looking to gain an understanding of what went wrong, and how they or a loved one came to suffer. Compensation is understandably a secondary concern. Ironically, because the current medical system in Ireland is not transparent, often the only way to get answers is to go through the long and involved process of making a medical negligence  compensation claim. In a more ideal world, when something goes wrong medical professionals would not circle the wagons and become elusive and defensive, which forces victims to seek legal advice.

Do you have a valid medical negligence case?

If you or a loved one have sustained an injury as a result of a medical treatment, you probably want to know if you actually have a medical negligence case, how you can go about finding out what has really happened and who is responsible, and of course whether you are likely to receive compensation for the suffering and loss you have experienced.

To answer this question, you should talk to a specialist solicitor, who will need to consider a range of factors. These will include the existence of an actual injury, negligence, liability, and other issues, including whether it is too late to bring a claim. We offer a free advice line that you can call without obligation on 1800 989 850.

Or if you prefer you can provide your contact details in the form on the left and we will call you back at a more convenient time.

Medical Negligence Compensation Guide

Injury and damage

Even with medical negligence you can only claim compensation for an actual injury, and for example a near miss incident – unless causing psychological trauma – is not sufficient to bring a successful claim.

Negligence

Medical negligence happens in a wide variety of different situations.  For example a hospital can be held to account for the negligence of their employees, including their doctors, nurses, technicians, and other clinical and non-clinical staff. Some examples include:

Poor record keeping, misreading of charts, test results or drug information sheets can cause havoc to patients. In 2008 alone there were 8,250 medication incidents in Irish hospitals.

In the same year there were 5,559 treatment incidents, and these can include the nightmare scenario we have all heard of where a surgical tool has been left inside a patient’s body causing severe problems.

Liability

With respect to any personal injury claim, the injury sustained must result from the negligence of someone who had a duty of care towards you at the time of and in the circumstances of the incident.

It is quite apparent that medical staff owe a duty of care to patients, but in contrast to other personal injury cases, it is often difficult to prove negligence on the part of the hospital or medical personnel when an injury has occurred, an illness has been contracted or a misdiagnosis has been made.

Value of Claim

The ultimate value of your claim is based on the injuries that you actually sustain, rather than the nature of the accident itself, which is of secondary importance. Injuries are usually valued according to their level of seriousness, and whether or not they require expert diagnosis. The permanent nature and persistence of the injury are also valued. Clear and full medical records are usually a vital factor in assessing the value.

We offer a free advice linethat you can call without obligation on 1800 989 850 or if you prefer you can provide your contact details in the form below and we will call you back at a more convenient time.

Loss of Earnings

If you have suffered a significant loss of earnings, for example, due to a lengthy absence from work, or if your ability to work has been impaired then you will likely receive an award for this, as part of your total settlement figure.

Is it too late to bring a claim?

The “Statute of Limitations” is the time limit within which an injured person can bring a claim. This is typically two years from date of the accident, however this is a complex legal area, and it is essential to receive legal advice on this matter.

Your case is unique

Every medical negligence case is unique, and it is advisable to seek expert advice from a specialist solicitor, because very often people who claim compensation settle for an amount that does not truly compensate them for the suffering they have experienced.

What can you Expect when you call Medical Negligence Solicitors?

When you call us, you will be asked to explain the circumstances of your medical or hospital incident, the nature of your injury and what treatment you are currently undergoing or have undergone.

We will listen to you as you tell us about your potential claim for medical negligence compensation in complete confidence and answer any questions you may have.

We cannot always tell you immediately if your claim is worth pursuing, as this may depend on a review of your medical history by an independent medical expert.

We can, however, offer advice and inform you of procedures that may need to be completed in your specific situation in order to recover compensation for medical negligence.

For free expert advice on your case you can talk to us now, by calling our free phone line on 1800 989 850 or filling in our call back form below.