Each year, Irish health services deal with many millions of cases.
Whether GP or outpatient appointments, inpatient stays, surgical or therapeutic interventions, cancer treatments, or any other type of health service interaction, the overwhelming majority of patients have their diseases, illnesses, or injury treated effectively. Few patients expect to find themselves with more injuries as a result of their involvement with the health system.
Despite all of the measures in place within the modern health service to prevent further injury to patients, on occasion, such outcomes do occur. And in some cases, these are due to actions (or lack of actions) which would be considered negligent.
What types of injuries may constitute medical injury?
By definition, any type or level of health service provision in Ireland which is not performed with due care may be deemed as medical negligence. This might include negligence by or during:
- Accident and emergency practitioners
- Cancer treatment
- Cosmetic surgery
- Diagnostic services (e.g. pathology, radiology)
- General Practitioners
- Hygiene and sterilisation
- Mental health services
- Physical therapy
In many cases, patients are not only emotionally traumatised by the events that have occurred, but they may also be unsure if what happened was truly the fault of a health professional. This is a judgement which must be made on all of the facts, as not all injuries or damage resulting from the actions of a health professional would be considered, under law, an act of negligence. If you are unsure whether the circumstances of your case are technically medical injury negligence, please contact one of our team of medical negligence solicitors. We will take the time to listen to the details of your injury and advise you of the options available. It may be necessary to gather more information to make a clear and correct assessment before making any claim for negligence.
Should I bring a claim for medical injury due to negligence?
This is not a question we can answer for you. Some patients are understandably concerned about bringing a claim against a medical establishment or professional. This may be because they would not wish to compromise the career of the individual, or they may not want to burden an already stretched service, whether it be in terms of finances or time.
This should be balanced with the consideration of whether not bringing a claim could allow the same negligent action to happen to another patient. And if the medical injury has placed financial demands on you and your family, bringing a claim for negligence may be necessary to alleviate this pressure, and allow the focus to be placed on making the best physical and mental recovery as possible.
Can I bring a claim for a medical injury due to medical negligence?
To bring a claim for medical injury due to medical negligence, it will be necessary to provide evidence that:
- The medical care you received was below a satisfactory standard (i.e. that another healthcare professional in the same role would not have made the same error), and;
- This negligence caused you damage or injury.
To prove your case, we will compile evidence including medical or care records, and seek expert medical opinion.
What may a claim for medical injury due to medical negligence cover?
Claims following medical injuries due to negligence may cover two areas of loss:
- Pain and suffering due to the injury;
- Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy and care costs. The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
How Lavelle Partners can assist you in bringing a claim
- Lavelle Partners have successfully managed many cases of injury caused by medical negligence.
- Our personal injury team, headed by partner, Avril Scally, who herself has over 15 years’ experience in medical negligence claims, place client care at the centre of everything they do.
- From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
- We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
- Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes and managing the submission of your medical negligence claim.
By allowing us to handle your claim on your behalf, you can focus on what is most important – your recovery and care, or that of your family member or loved one.
For further information on making a claim for injury resulting from medical negligence in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at [email protected]lavellepartners.ie
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.