Medical Negligence
Solicitors in Dublin
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for all Medical Negligence Claims
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Your Trusted Medical Negligence Solicitors
Medical negligence is a serious problem in the healthcare world. At Michael Kelleher Solicitors, our focus is helping victims of medical negligence by ensuring they receive the correct compensation for the harm and suffering they have endured as a result of the negligence they have endured. We understand that when a patient trusts a doctor and that trust is betrayed, the emotional and financial consequences for the patient are profound. For years we have been standing up for the rights of patients who have been wronged by the healthcare system and helping them get the compensation they need to make their lives whole again.
What is Medical Negligence?
It is a legal term that refers to a situation whereby a medical practitioner departs from the acceptable level of care that is expected of him or her in the medical profession and this leads to an injury to the patient. If a doctor, a nurse, or any other provider of healthcare services is negligent in their practice and causes harm, the results can be severe and even life altering.
Contact Michael Kelleher medical negligence Solicitors today on 01-6144565 for help during this difficult time. We prioritise your health and will fight for your justice and compensation.
Medical negligence types
What Type of Claim Do You Need Advice on?
Our solicitors can help with a wide range of medical negligence claims. We specialise in these areas:
How Do Medical Negligence Claims Arise?
Medical negligence is categorised under Personal Injuries. It is a type of claim that is brought against a health care provider where the latter has acted negligently or has operated and erred to the detriment of the patient. The following are some of the events that can cause such claims.
- An avoidable mistake that results in wrong or late treatments being administered to patients.
- Death from causes that are preventable, but which occur in an unpredictable ratio while operating on the patient (surgical negligence).
- The patient is being provided with the wrong medicine or with the right medicine but in the wrong quantity that has such an impact on his or her body to cause a certain reaction or create a certain condition.
- Lack of proper post-procedure or post-treatment follow up.
- Failure to diagnose.
Such negligence results in severe, life altering injuries, and practically anybody may become a victim of the negligence.
Steps Involved in a Medical Negligence Claim in Ireland
First of all, you should contact a medical negligence solicitor as soon as possible. The solicitor will offer you guided legal advice based on the medical treatment you were offered and the injury you sustained.
After you have spoken with a solicitor, the next step is to obtain a report on liability (breach of duty and causation) from an independent medical expert clarifying that not only did you receive negligent medical treatment but that such care also led to the harm you experienced. When engaging an expert on medical negligence, help your solicitor ensure that all necessary notes and records are gathered, and the expert is allowed to see everything they need to form a professional opinion.
If the expert’s opinion is in your favour, the next step involves your solicitor writing to the negligent medical professional, whether it is a hospital or a doctor or both. This is a letter of accusation and notifies the Defendant that a claim will be made.
Proceedings are then drafted and served on the Defendants. At this stage, there is an opportunity to get the case resolved out of court if the Defendants will engage in mediation or settlement talks.
What Are the Legal Time Limits for a Medical Negligence Case in Ireland?
Usually, the statue of limitations in a medical negligence claim is two years. This means that you have two years from the date of negligence to bring a claim for medical negligence. For example, a plaintiff who realised on the 1st of January 2022 that he had an injury caused by an error of a medical expert, has up to the eve of the 1st of January 2024 to file the claim in medical negligence. The Personal Injuries Assessment Board does not assess medical negligence claims. Medical negligence claims are exempt. As such it is essential that you contact a solicitor immediately to seek legal advice.
Actual knowledge of the injury is the point in time that a party learns or reasonably should have learned that it sustained an injury as a consequence of medical negligence. Therefore, in most of the cases, the statutory period of limitation commences from the date when the victim becomes aware that they have suffered medical negligence. Your two years begins on the “date of knowledge”, meaning the date on which you become aware of your condition. For example, it may take a long time for a cancer patient to discover that their doctor’s failure to diagnose them earlier contributed to their condition worsening.
One should note that the statute of limitations can be increased in certain situations which will depend on the individual facts of each case. For example, a minor has two years from the date they turn 18 to take a claim for personal Injury.
Please contact the office to arrange a consultation so that we can advise you on possible extensions, should your claim have occurred outside the time limits to issue proceedings.
Medical Negligence Frequently Asked Questions
Understanding the fundamentals of personal injury claims is crucial for anyone considering legal action. This section covers the basics, including definitions, types of accidents that qualify and key legal concepts like tort law and negligence. Learn about your rights and the initial steps in pursuing a claim.
It is not possible to set out generalised rules that govern the filing of medical negligence claims because of a number of factors which come into play. The first and, often, the easiest one that has to be proved is that the healthcare provider in question owed you the contractual/ legal duty of care. To say this is true, you need to prove that you were under the care of a healthcare provider when the negligence occurred. You next have to prove that the provider failed to adhere to the standard of care expected in the situation.
You must ensure that there is causational link between the misconduct and the harm that you faced. In order to succeed in a claim for personal injuries, under Irish law specific proofs are required to be tendered to show that the wrongful act was a result of the negligent medical treatment. Last of all, you have to bring your claim within two years after you discovered the act.
To start the process of pursuing a medical negligence claim, you need to employ the services of a professional and specialist medical negligence claims solicitor. Since its inception, Michael Kelleher Solicitors have focused on medical negligence cases and have given each case the respect and professional attention it deserves.
You are entitled to access your medical notes and records via a freedom of information request. This allows you or your solicitor upon your authority via signed consent to take up your notes and records under the Freedom of Information Act 2014.
Tell Our Dedicated Medical Negligence Solicitors About Your Case
Medical negligence is very serious and can lead to various health issues. As much as the compensation received as part of your claim for medical negligence cannot right the wrong, it can help you or the injured person to pay for the medical bills and all the other disadvantages that you may have incurred from medical negligence which would make your injuries more comfortable. If you are a victim of medical negligence, we can assist you.
Our solicitors are committed to making sure that you receive the compensation that you deserve. You can reach us by calling 01-6144565 today for expert advice on the next steps.
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