Medical Negligence Solicitors
Medical negligence occurs when a health care professional (be it a doctor, nurse, dentist, optician, midwife) has failed to act in accordance with the practice accepted in Ireland as proper.
We understand that going through the process of taking a medical negligence claim in Ireland can be daunting. We know that you have already been through traumatic and difficult times. You need someone to listen to you, to advise you and to support you through the medical malpractice claims process. We are here to help you.
Helen Coughlan
Medical Negligence Solicitor
Helen Coughlan is a partner and advises on medical negligence*, family law and personal injuries*. Helen is a qualified family mediator and collaborative law practitioner and is Chairperson of the Family and Child Law Committee of the Law Society.
Contact Helen Today
- Accident and Emergency Claims
We listen to your story. We obtain your medical files and professionally examine the details. We obtain an expert medical opinion to see if you have a medical claim. As medical negligence lawyers, we will advise and assist you in deciding what the best course of action is. While we most often deal with claims in the Kildare and Dublin areas, we deal with claims all over Ireland.
If you have been the victim of a poor standard of medical care or has suffered a medical injury, then you may be entitled to claim compensation for medical negligence.
In order to succeed in a clinical negligence action, you must prove the following;
1. That the health care professional owed a duty of care to you.
2. That there was failure in their duty as a professional.
3. That you suffered loss or damage as a result of this failure.
4. That there was a strong enough connection between the failures of the health care professional and the loss or damages suffered.
In a medical negligence case, the test for you to prove is that “BUT FOR” the health care professionals’ negligence in their diagnosis or treatment, you would not have suffered the injury complained of.
Medical negligence claims cover everything from a minor complaint such as a dentist pulling a healthy tooth which led to extended pain to far more serious issues where long term health has been compromised or where there is a fatality. Each case is unique and compensation awards vary accordingly.
Awards for clinical negligence claims are based on the physical and psychological trauma you may have suffered, together with compensation for any out of pocket expenses caused by the injury.
If you have contributed to the injury, for example by not completing a prescribed course of treatment or not attending pre-arranged appointments, this will be taken into consideration. Your previous medical records are also examined to see if you have a history of a similar injury. This will reveal whether the medical negligence was the primary cause of your injury or whether it aggravated an existing condition.
Here are some of the examples in which we can help bring a case on your behalf;
- Birth Defects
- Cerebral Palsy
- Gynecological injury during childbirth
- Cosmetic/Plastic surgery errors
- Cancer misdiagnosis
- Medication errors
- Surgical errors
- Clinical negligence
- Hospital acquired infections
- Dentistry malpractice
It is important to note that there may be a limitation period in which you can bring a medical negligence action and therefore you should contact us immediately if you have been a victim of a poor standard of care.
Have You Experienced Medical Negligence?
Let the Experts Stand By You.
At Patrick J Farrell & Company Solicitors, we understand the profound impact medical negligence can have on your life. With a legacy founded by Patrick J. Farrell and carried forward by a dedicated team, we have been advocates for justice for over four decades. Our commitment to putting our clients’ interests first, combined with our extensive legal expertise, makes us the ideal partners in your pursuit of justice.
From the moment you walk through our doors to the resolution of your case, you’ll be treated with the utmost courtesy, respect, and understanding. Choose us – where your well-being is our top priority. Reach out to us today and let our experienced solicitors guide you every step of the way.
Talk to a Medical Negligence Solicitor
Legal advice – 10 steps for medical negligence victims
Medical negligence* (sometimes known as “clinical negligence” or “medical malpractice”) occurs when you suffer an injury as a result of a health care professional not providing a proper level of care to you.
Read our 10 steps of legal advice on medical negligence:
1. What is medical negligence?
2. Typical examples of medical negligence cases in Ireland
3. The current law on medical negligence
4. Developments in the law
5. Making a claim versus getting an explanation
6. Deciding to proceed and taking the initial steps
7. Accessing medical records
8. Obtaining expert reports in medical negligence cases
9. The medical negligence court process
10. Medical negligence awards and costs
1. What is Medical Negligence?
Medical negligence (sometimes known as “clinical negligence” or “medical malpractice”) occurs when you suffer an injury as a result of a health care professional not providing a proper level of care to you.
Medical negligence covers negligent treatment by doctors, surgeons and nurses, but also covers other forms of medical treatment you receive from dentists, opticians, plastic surgeons and midwifes.
When there is a mistake in your diagnosis or treatment, the result can be devastating. A medical negligence solicitor can help you claim compensation for your injuries but we understand that money cannot replace health. Compensation is just one step on the road to your recovery.
2. Typical examples of medical negligence cases in Ireland
Medical negligence claims* cover everything from compensation for a minor complaint such as a dentist extracting a healthy tooth (leading to extended pain and expense) to compensation for far more serious injuries where your long term health has been compromised or where there has been a fatality.
Medical negligence can arise where there is a misdiagnosis or delay in diagnosis or treatment. This negligence can occur during surgery. Equally it can arise if you were not adequately informed and warned of the risk associated with a certain procedure.
The following are some examples of clinical negligence claims we have successfully pursued on behalf of clients:
- Accidental cutting of the bile duct during a gallstone removal operation – see here for further information.
- Failure to prescribe antibiotics post-operatively leading to septicaemia.
- Nerve damage caused during a spinal fusion operation.
- Infection suffered during a laparoscopy.
We act for clients all over the country and particularly in Dublin. If you would like further information in relation to the medical negligence cases we have worked on, click here.
Here are some examples of medical negligence where we can help bring a claim on your behalf:
- Errors and complications arising from cosmetic/plastic surgery such as PIP breast implant claims.
- Birth related injuries to a mother or her child such as:
- Cerebral Palsy
- Erbs Palsy and Brachial Plexus injuries
- Injuries arising from complications with twins
- Losing the ability to have future children due to complications in labour
- Perineal tears
- Cancer misdiagnosis and delay in treatment.
- DePuy hip replacement claims
- Surgical errors.
- Negligent care in the Accident and Emergency room.
- Dentistry malpractice.
3. The current law on medical negligence
In order to succeed in a medical negligence claim you must prove the following:
That the health care professional owed you a duty of care;
That there was a failure in their duty as a professional;
That you suffered loss or damage as a result of this failure;
That there was a connection between the failure of the health care professional and the loss or damage you suffered.
The level of proof required to successfully prove medical negligence in Ireland is extremely high. The fact that an injury occurred as a result of a medical procedure is not enough to establish a finding of medical negligence. It is necessary to show that the health care professional acted negligently to the extent that no other medical practitioner of equal expertise would have acted in that way.*
4. Developments in the law
There have been some significant developments in this area of law in Ireland, including matters such as the informed consent of patients, the Statute of Limitations and the scope of the duty of care of doctors, nurses and hospital administrators.
The Statute of Limitations refers to the timescale within which you must make a claim. Normally you must make your claim within two years of the date of the accident. However, the date of the accident and the date you become aware of the injury can be different and this may extend the time within which you can make your claim.*
For example, recent judgments from the High Court have allowed patients to bring claims for injuries they received from surgery undertaken decades previously. These cases were well outside the usual 2 year rule. One of the most high profile cases involved a woman who underwent an unnecessary symphysiotomy procedure – an operation to permanently widen her pelvis – in 1969, when she was 18. She was awarded €450,000 in damages in the High Court in January 2012.
If your medical procedure was more than two years ago but you only discovered that you were injured some time after that, you should talk to us to see if you have a valid claim.
5. Making a claim versus getting an explanation
Many of our clients complain that they weren’t given an honest explanation of what happened with their medical accident. If they were given such an explanation, they might be prepared to accept that there is a risk with every medical procedure and that mistakes can be made.
Unfortunately however, sometimes an honest clear explanation is not given at the outset. It may be that doctors are afraid to be honest because of the legal implications and this is a short sighted view. Many claims could be avoided if this honest explanation was given at the start.
In some cases, an honest explanation would be enough. In others however, the injury/loss of income is so serious that our client feels that they should proceed with a claim for compensation.*
6. Deciding to proceed and taking the initial steps
We understand that going through the process of taking a medical negligence claim is daunting. We know that you have already been through traumatic and difficult times. You need someone to listen to you, to advise and support you through the process. This is what we do – we are here to help you.
Before we advise any client to start a claim for medical negligence, we will make sure that our client has a good chance of success. The decision by the client to proceed is not an easy one. Their experience to date may have been traumatic and the decision to embark on a legal claim will not be taken lightly.
Our first step is to listen to your story. We obtain your medical files and professionally examine the details. We engage a medical expert who will let us know if the standard of care you received fell below the standard accepted in Ireland. We will obtain the professional opinion and advice of international medical experts from the UK, the United States, Canada and Australia, if necessary. Often it is the opinion of these medical experts which will confirm whether you have a medical negligence claim.*
7. Accessing Medical Records
Your medical records are a crucial part of any claim you may have. They record the symptoms that were noted, the treatment that was given, who was involved in that treatment and what medications you were prescribed and received.
In many cases, they are the only real record of what happened and in some cases, medical records many years old have been important in proving a medical negligence case.
These records may be kept by hospitals, GPs, dentists and clinics. You are entitled to access copies of all of your medical records (unless it would be harmful to your health) and the only restriction on this is that you may be charged for the cost of producing copies.
Your medical records include notes made by medical staff, records of medication, photographs, printouts from monitoring equipment and copy Xrays and scans. They include any electronic records and this is becoming ever more relevant as more records are stored electronically. They should record the findings of examinations, any diagnoses made, treatment plans and discussions with you during your treatment.
Obtaining medical records does not generally provide a problem with medical negligence cases. While there may sometimes be a delay in accessing them, they are generally made available. A common problem is that handwritten records are sometime illegible but computerised records are helping in this regard. They frequently include medical abbreviations but these are generally well known.
Your medical records provide us with the raw material which we use (along with the opinions of legal and medical experts) to decide whether you have a valid claim that we think will succeed.*
8. Obtaining expert reports in medical negligence cases
When we have taken full instructions from you and examined your medical records, we will generally decide to obtain expert reports to help build your case.
These may be from a specialist doctor practising in the same field. Very often, because the medical community in Ireland is very small, we will deal with a doctor from the UK who does not know the treating doctor here.
In Ireland, while doctors will often provide a medical report outlining a mistake made by a colleague, they have no enthusiasm for doing so and delays can often occur. In addition, they are reluctant to become involve in giving evidence in Court.
In the UK, however, there are specialist doctors who provide evidence in medical negligence cases as part of their job. They are generally very impartial and will provide an honest opinion of the merits of the case and will make themselves available to travel to Ireland to give evidence.
They will sometimes need to examine our client and some travel to Ireland to do this. In some cases our client will have to travel to the UK. In other cases, a physical examination will not be necessary and the doctor from the UK can prepare his report based on the medical records that have been provided to him.
Other experts that we frequently employ are experts in nursing care, psychiatrists, psychologists, experts in occupational therapy and financial experts who can calculate the financial loss that will arise from an inability to work or a restriction in the work that can be done in the future.
9. The medical negligence court process
Court papers will be prepared and they will set out details of your claim. The hospital or doctor will have professional indemnity insurance and it is their insurers (or the State Claims Agency) that will generally deal with the handling of the claim. They will hire solicitors who will carry out investigations into your claim. If it is obvious that there was medical negligence involved, the solicitors will be anxious to settle the case quickly to save legal costs.*
If the other side do not admit that they were at fault straight away, they will usually request more detailed information about your claim and will often seek to have you examined by their own doctors. Ultimately, if they are denying that they were at fault, they will issue their “Defence” which will set out why they are defending the case. In some cases, they will admit that they were at fault but will continue to dispute the amount that should be paid.
Most of our medical negligence cases are settled. We are invited to settlement discussions with the lawyers for the other side. You will also attend this meeting. If the case is settled at one of these meetings, that is the end of the matter. Even if the case looks like it is going to trial, the case can be settled just before the case is heard.
If the case is not settled, it will generally be heard in the High Court and we will explain to you what you can expect on that day. However, full hearings of medical negligence cases happen only in a very small minority of cases.
10. Medical Negligence Awards and Costs
The award made in a medical negligence case will firstly compensate you for the pain and suffering you have endured. Your doctors will have submitted reports setting out the extent of your pain and how bad it is likely be into the future. If the case proceeds to court, you yourself will be asked to tell the Judge how you have suffered. If your mental health has been affected, this will also be part of your claim.
There are guidelines which the Courts use to find what damages are appropriate but each case is different.
You will also be able to claim for any financial losses you have suffered as a result of the medical negligence. These might be medical expenses, travelling expenses and loss of earnings. We will encourage you to keep a careful record of these. If you haven’t fully recovered and will lose out on income because of your injuries, we will ask an actuary to provide an expert report outlining what lump sum you should receive now to compensate you for the loss of earnings in the future.
