Unnecessary Suffering Claim
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An unnecessary suffering claim is a type of medical negligence claim that seeks compensation for harm, pain, or loss caused by substandard medical treatment.
We trust the medical professionals who treat us, but unfortunately, sometimes, you may endure pain, discomfort, distress, or a worsening of your condition that could have been avoided with proper medical care.
MKS Solicitors, based in Dublin 8, offers compassionate, expert advice to enable those who have experienced unnecessary suffering due to medical negligence receive the compensation they deserve.
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What is an unnecessary suffering claim?
An unnecessary suffering claim seeks compensation for the physical, psychological, and financial effects of medical negligence on your life.
Many medical procedures and treatments involve pain and discomfort as do many injuries or illnesses and this can be a normal part of illness and treatment to some extent.
However, where care or treatment by a medical professional is below what could be expected from any other medical professional in similar circumstances or a doctor, nurse, or other professional breaches their duty of care to you, and this causes you additional pain or illness, now or in the future, then you may be eligible to make an unnecessary suffering claim.
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Common unnecessary suffering claims
Unnecessary suffering could occur due to a surgical error, a misdiagnosis that affects the prognosis of your illness such as cancer, a birth error claim, a broken bone that is not spotted on an x-ray, or a medication error.
If the medical negligence results in you suffering pain beyond what might normally be expected then you may be entitled to make an unnecessary suffering claim. Here are some types of unnecessary suffering claims.
Where a healthcare professional makes an error in your cancer diagnosis or treatment, this may lead to an unnecessary suffering claim.
Where cancer is not diagnosed in a timely manner, or is misdiagnosed, or where there are medication or other errors in cancer treatment, this can cause additional illness and suffering for the patient and can have an effect on the prognosis of the disease.
Surgical negligence can lead to unnecessary suffering for the patient where errors before, during, or after surgery lead to additional pain or infection, for example.
A breach in the hospitalś duty of care to you may involve the A&E department or your care during an inpatient stay in hospital. An unnecessary suffering claim may arise where there is a failure to correctly interpret your test results, refer you to an appropriate specialist, monitor your condition, or you are discharged prematurely, for example.
Misdiagnosis can arise where symptoms of a condition or illness are missed or misinterpreted leading to additional pain or discomfort or the worsening of your condition.
Misdiagnosis can also lead to incorrect or inappropriate treatments adding to the burden of pain and suffering for the patient and leading to a misdiagnosis unnecessary suffering claim.
Orthopaedic treatment unnecessary suffering claims involve negligence in orthopaedic treatment, such as a missed diagnosis of a broken bone or torn ligament.
Orthopaedic surgery negligence before, during, or following hip, knee, or spinal procedures can result in additional pain and discomfort as well as nerve damage and reduced mobility and can result in orthopaedic surgery unnecessary suffering claims.
Childbirth is by nature risky and painful for mother and baby, but negligence in obstetric care can cause additional pain and suffering.
Failure to administer an epidural in due time, failure to monitor the mother leading to an emergency cesarean section, or a failure to prescribe antibiotics leading to infection could all cause unnecessary suffering for obstetric patients and affect the health of mother and baby and lead to avoidable surgery, for example.
Medication errors, such as being prescribed the wrong medication, the wrong dose of medication, or pharmacy errors can cause unnecessary suffering that goes on over a long time.
Illnesses such as cancer can be made worse by being given the wrong medication or dose of medication, leading to ineffective treatment, additional illness and a worse prognosis of the disease.
Compensation for unnecessary suffering claims
Compensation for unnecessary suffering claims will vary, depending on the nature of your claim and the effects of the unnecessary suffering on your life now and in the future.
Unnecessary suffering claims are a type of medical negligence claims and damages are awarded as a result of your pain and discomfort as well as the physical, psychological, and financial effects of the unnecessary suffering on your life.
There are two types of damages; general damages and special damages. General damages are compensation for the loss of amenity, such as the ability to walk or exercise, and for pain as a result of the negligence. Special damages are for any financial loss you have incurred, including treatment expenses, and loss of earnings now and in the future.
Who is at fault in an unnecessary suffering claim?
A medical professional such as a GP, consultant, surgeon, pharmacist, or nurse may be at fault, as could the HSE or hospital involved.
If you were owed a duty of care and there was an error, omission, or breach in that duty of care that led to you experiencing unnecessary suffering, then the party that owed you the duty of care and failed to uphold that duty may be at fault.
Unnecessary Suffering Claim FAQs
Your first step is to contact an experienced medical negligence solicitor to discuss your unnecessary suffering claim. MKS Solicitors has considerable experience in medical negligence claims and understands the effects of unnecessary suffering on your life.
Your solicitor will assess your claim and outline the claims process to you and advise you as to the appropriate next steps.
The next stage of the process involves gathering evidence, including requesting your medical records, and obtaining the report of an independent medical expert. This evidence will form the basis of your unnecessary suffering claim.
Legal proceedings will then begin with a formal letter of claim to the negligent party.
The Personal Injuries Resolution Board (PIRB) is the statutory body responsible for assessing personal injury claims.
Due to the complex nature of unnecessary suffering and medical negligence cases, they are not usually assessed by the PIRB but are resolved through the Court.
Due to the unique and individual nature of each unnecessary suffering claim, there is no set time frame for the claim to be resolved.
Most medical negligence cases are settled out of court but this can still be a lengthy and complex process. Unnecessary suffering claims can take an average of two to four years to reach a conclusion.
In Ireland, the time limit is two years less one day to make an unnecessary suffering claim, with some exceptions.
This date is from when your injury took place or the date of knowledge that your suffering was due to negligence.
It is important that you discuss your claim with MKS Solicitors as soon as possible as it can take time to build your case and obtain records and reports etc.
MKS Solicitors for Unnecessary Suffering Claims
Medical negligence is a breach of trust that can leave you facing a lifetime of pain and uncertainty, as well as costs for medical treatment, rehabilitation, and care.
If you have endured unnecessary pain and suffering as a result of medical negligence then MKS Solicitors can help you.
Our dedicated team of specialist solicitors can navigate the claims process on your behalf ensuring that your voice is heard and your suffering acknowledged. We strive to put our clients at the centre of everything that we do and handle your claim with empathy and discretion.
Contact us today, or complete our free claim assessment, so that we can discuss your unnecessary suffering claim with you.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie