Dealing with a Medical Negligence or Medical Malpractice claim can be very stressful for you and your family. At Ferrys Personal Injury and Accident Solicitors, one of our medical negligence solicitors will work to get you adequate compensation and where possible, an explanation for what happened. We will also ensure this difficult time as easy as possible for you.
It can be difficult to prove in court, and it must be shown on ‘the balance of probability’ that the medical practitioner was negligent in their care or acted negligently. The court will also consider if a competent medical practitioner would have acted in the same way as the defendant practitioner. So, even if they did contribute to your injury, they may not be found negligent. However, there are many cases where it is much simpler to determine if a doctor or organisation was medically negligent.
When you approach Ferrys Personal Injury and Accident Solicitors, the first thing we’ll do is ensure that you have a basis to make a medical negligence claim. In Ireland, before beginning legal action in relation to medical negligence, you must receive a report from a qualified, relevant medical expert. This report must confirm that the medical treatment you received fell below the expected standard for someone with your medical condition.
A solicitor specialising in medical negligence from Ferrys Personal Injury and Accident Solicitors will then take a detailed account from you. After receiving your written consent, your medical negligence solicitor will then obtain all your relevant medical negligence records. We will approach everyone necessary including consultants, GPs, hospital staff and any other healthcare professionals who have been involved in your treatment.
After building your case, your medical negligence solicitor will consult with their panel of legal medical experts and barristers to determine if both causation and liability can be determined.
To determine if you have a medical negligence claim, your claim must first be within the valid timeframe for taking a personal injury case (see next FAQ). Then, we must determine the nature of your injury and receive relevant expert medical reports confirming your injury. Finally, liability must be determined on the part of the hospital, clinic, organisation or medical practitioner you are claiming against.
You have two years from the Date of Knowledge of the injury to make a claim. The Date of Knowledge is usually the date the injury occurred or when you became aware of the injury. For more information on Date of Knowledge and exceptions to the two year rule, see our Personal Injury page.
Several factors come in to determining the value of your medical negligence claim. These can include:
No, in Ireland, medical negligence claims do not need to be brought before the Injuries Board.
Medical Negligence is usually caused be carelessness or involves negligence by the doctors or medical team of the facility they were practicing in. Medical Negligence can also be caused by failure of the medical team to follow established medical protocols or not taking the proper actions.
Some of the most common causes of medical negligence include:
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