MEDICAL NEGLIGENCE
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.
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.
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.
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