Hospital Negligence Claims
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The most common medical negligence cases stem from negligence or medical malpractice occurring in hospitals. Practitioners in both public and private hospitals owe their patients a strict duty of care, and when this duty is breached, there may be grounds for a hospital negligence or medical negligence claim.
At Michael Kelleher Solicitors we pride ourselves on our dedication to our clients and strive to provide the best legal advice and representation possible. If you have been a victim of poor medical care and have suffered a personal injury as a result of medical negligence, you may be eligible to make a medical negligence claim in Ireland. Contact us today to pursue a claim for compensation.
What is Hospital Negligence?
Hospital negligence occurs when a medical practitioner in a hospital setting fails to meet the expected standard of care, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or general negligent medical care.
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Common Hospital Negligence Claims
Misdiagnosis or Delayed Diagnosis
Sometimes doctors don’t catch a condition right away or diagnose it incorrectly. This can lead to delayed or inappropriate treatment, which might make things worse. Common examples include missing signs of serious conditions like cancer, heart attacks, or strokes.
Surgical Errors
Mistakes during surgery can have serious consequences. This includes operating on the wrong body part, leaving surgical tools inside the body, or performing unnecessary procedures. These errors can lead to complications and require more surgery to fix.
Medication Errors
A doctor may prescribe something that interacts badly with other medications you’re taking, or if they don’t account for allergies. Such errors can lead to adverse reactions and serious health problems and may make you eligible to make a claim for medical negligence.
Birth Injuries
When medical staff don’t monitor or respond properly during childbirth, it can lead to injuries for both the mother and child. For instance, failing to perform a timely C-section or mishandling delivery tools can cause conditions like cerebral palsy or Erb’s palsy.
Inadequate Aftercare
Hospitals are supposed to provide good care after surgery to help you recover. When they don’t, it can lead to infections or other complications. This negligence can make your recovery longer and more difficult.
Infection Control Failures
Hospitals need to keep things clean to prevent infections. When they don’t, patients can end up with serious infections like MRSA or sepsis, which can be life-threatening.
How to Prove Medical Negligence
Proving medical negligence involves showing that the care you received substandard medical care. Here’s what you need to do:
Establishing a Duty of Care
To show that negligence has occurred, you need to prove that the hospital or doctor was responsible for taking care of you. This is usually clear since medical professionals have a duty to treat patients safely and competently.
Breach of Duty
You must prove that they didn’t fulfil this duty. This means showing that their actions, or lack of actions, were below what’s expected of professionals in similar situations. Often, you’ll need a medical expert to explain what should have been done and how it wasn’t.
Causation
It’s important to link the breach of duty directly to the harm you suffered. You’ll need to show that the negligence, not something else, caused your injury. Medical records and expert opinions can help establish this connection.
Demonstrating Injury or Harm
Finally, you need to prove that you were actually harmed by the negligence. This could be physical injuries, emotional distress, extra medical costs, or a lower quality of life. Having detailed medical records and personal accounts can help support your case.
How to Make a Claim for Hospital Negligence Compensation Against the HSE
Gather Evidence
The first thing you need to do is gather all the evidence related to your case. This includes a copy of your medical notes and records from the relevant period, which show the treatment you received and the result of negligence. It’s also helpful to keep a record of your injuries, treatments, and any conversations with the doctor or medical staff tasked with taking care of you. You will need your medical records assessed by an independent medical expert in order to be sure that you have reasonable grounds to bring a medical negligence claim.
Consult a Solicitor
Next, talk to a solicitor who specialises in medical negligence. They’ll review your case, help you understand your options, and guide you through the legal process. They can also give you an idea of how much compensation you might be entitled to and explain the steps involved in making a claim.
Notify the HSE of Your Dissatisfaction with the Medical Treatment
Your solicitor will prepare a formal letter of claim to notify the HSE about your intention to bring a claim forward. This letter will detail the negligence and its impact on your health. The HSE will then conduct its own investigation to assess your claim.
Negotiate a Settlement
After the HSE reviews your claim, there might be an opportunity to negotiate a settlement. Your legal team will convince your medical practitioner to settle during the negotiation and reach a fair compensation amount without going to court. If a settlement can’t be agreed upon, your solicitor will get ready to take the case to court.
Court Proceedings
If the case goes to court, your legal team will represent you and present all the evidence to support your claim. They’ll work to show that negligence occurred and justify the compensation you’re seeking.
Who is Responsible for Hospital Negligence?
Hospital negligence happens when the care provided by healthcare professionals or institutions falls below the expected standard, resulting in harm to a patient. Typically, doctors, nurses, and other medical staff are responsible because they directly handle patient care. If they make mistakes or don’t follow proper procedures, they can be held accountable for negligence. Usually, the hospital is responsible for its own staff and any errors occurring from its employees.
However, the hospital itself can also be responsible, especially if there are systemic issues like understaffing or inadequate training that contribute to the problem. Sometimes, the Health Service Executive (HSE), which runs public hospitals in Ireland, might also share some blame if broader healthcare system issues led to the negligence. Determining who is responsible usually involves looking at all the details, including medical records and expert opinions, to see where things went wrong.
Frequently Asked Questions
The award or settlement you might receive for hospital negligence depends on several factors, like how severe your injury is and how it has affected your life. Compensation typically covers things like medical bills, lost wages, and the pain and suffering you’ve endured. It can also include costs for ongoing care or rehabilitation.
Since every case is unique, it’s tough to say exactly how much you might get without knowing the specifics. Our specialist medical negligence solicitors can help give you a better idea of what to expect based on your situation, as they will consider all aspects of your injuries and losses to estimate a fair compensation amount.
You might not have to go to court for your hospital negligence claim. Many claims are settled out of court through negotiations between your legal team and the hospital or the Health Service Executive (HSE). If they agree on a fair settlement, you can avoid court altogether.
However, if the hospital disputes the claim or if a settlement can’t be reached, going to court might be necessary. In that case, your legal team will prepare everything and represent you in court, making sure your side is heard and fighting for the best outcome.
The statute of limitations stipulates that the victim of medical negligence has two years from the date of knowledge (the date when they first became aware that they suffered injury as a result of hospital negligence) to seek compensation for medical negligence in Ireland. If they fail to start a claim within this two-year window, their claim may be statute-barred. This means that they may no longer be in the position to bring a claim or proceed with a claim.
Contact Our Medical Negligence Solicitors
If you have been subject to medical negligence, now is the time to act. Our dedicated medical negligence team is ready to apply Irish law to help you win your compensation claim. Get in touch with our specialist medical negligence solicitor today to discuss your injury claim.
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