How long does a medical negligence claim * take?

How long does a medical negligence claim * take?

How long does a medical negligence claim * take?

Medical Negligence * is a complex aspect of Irish Law, and the length of time it takes for your medical negligence claim * to settle will be heavily dependent on the type of negligence that occurred, and the types of injuries sustained. This is why it is impossible for us to give a definitive answer to this question at the outset of a case and specifically impossible to answer this question without having any facts about your case to hand.

It is advisable to contact a medical negligence solicitor * as soon as possible after the incident of medical negligence to discuss your case and once they have understood exactly what happened, they will be able to outline the process in more detail and shed some light on timeframes.

In the meantime, see below an outline of the medical negligence claims process to give you an idea of what’s involved:

Legal time limits – Statute of limitations (2 years less one day)

There is a timeframe in place that tells us how long a person has to make a medical negligence claim *. These time limits are explained in the statute of limitations.

Generally, a person has two years less one day from the date of knowledge of their injury to bring a claim forward.

What is the date of knowledge?

The date of knowledge refers to the date on which the injured person gained knowledge of the following facts:

  • That they had sustained an injury
  • That the injury was significant
  • The injury was caused by negligence, nuisance or breach of duty by a medical practitioner
  • They know the identity of the party at fault

In medical negligence, the date of knowledge may not be the day of the incident as in some cases, an injury or illness may not manifest for some time after the incident of medical negligence * occurred. In these cases, the date of knowledge is the date they found out they were injured.

Gathering details of the accident (Timeframe Unknown)

If you are unsure of how to start, a medical negligence solicitor * is best placed to advise you. Usually, the first step of any claim is to gather details and evidence needed to prove medical negligence *. Your solicitor can help you in gathering all the information needed to pursue your claim. The timeframe on this part of the process may vary depending on the severity of your injury, the type of negligence that occurred and how proactive the sources of information will be.

Useful information that your solicitor will require include:

  • Details of how the medical negligence occurred
  • Details of the injuries sustained and photos of the injuries where possible
  • Details of any pre-existing conditions or previous injuries
  • List of expenses incurred because of the negligence, medical bills, for example
  • Details of the medical practitioner at fault for the accident
  • Medical reports – this can take some time to receive and depending on the claim and complexity of your injuries, the other side may request their own medical experts assess your injuries for further proof of your injuries – this may add some time to your claim.

Independent Medical Assessment (Timeframe Unknown)

Once your solicitor has gathered all the information needed to pursue your claim, they must ask an independent third party medical expert to review your case. This may help prove that you were subject to medical negligence *. We do this to show that another doctor would have acted differently and avoided your injury or illness had you been seen by them. If this report comes back to say that substandard care was delivered by the medical professional in question, your solicitor will determine the next steps with you. The time frame associated with this part of the process will also depend on the type of negligence that occurred and the severity of your illness, medical history and/or pre-existing conditions etc. Each case is going to be unique and therefore there is not one set timeframe for a medical report to come back.

Settling your claim (Timeframe Unknown)

As medical negligence is a complex topic in Irish Law, you will need to speak with a medical negligence solicitor * to determine the next steps involved in your claim. These steps will be heavily dependent on when the negligence occurred, the severity of your injury and the type of negligence that occurred.

TELL US ABOUT YOUR CASE

With 30 years’ experience as specialist medical negligence solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.

For a confidential discussion, phone our medical negligence team * on 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case and we can call you back.

TELL US ABOUT YOUR CASE

contact no win no fee solicitors

016499900

or email ask@traceysolicitors.ie to tell us about your case and we can call you back

TELL US ABOUR YOUR CASE

Medical Negligence Claims * – Useful Information

What is a Medical Negligence *?

Medical negligence * (also known as clinical negligence *) is a term used to describe situations where a patient suffers a personal injury * as a result of an error made by the medical practitioner.

There are many different scenarios that could lead to a claim, most common of which are:

Each scenario and case will be different, therefore, it is important that you contact a medical negligence solicitor * as soon as possible after the accident to discuss your case.

How do I start a claim for medical negligence *?

Medical Negligence is a complicated topic in Irish Law and is treated differently to other personal injury claims *. Therefore, it is important that you speak to a medical negligence solicitor * if you believe you have been subject to substandard care from a medical professional. Your solicitor will help you in gathering all the information needed to make your claim.

How long do I have to make a medical negligence claim *?

It is important to understand that medical negligence cases * require certain time frames. This time frame is known as the statute of limitations. Essentially the statute of limitation refers to the time of which you can bring a claim forward for medical negligence *.  For medical neglect claims * the injured party has two years less a day after the date of knowledge to make a claim. The date of knowledge is the date that a person made the connection that their illness or injuries were a result of medical negligence *.

How is compensation calculated?

A compensation amount is calculated by taking into account the following aspects:

  • Loss of wages, if absent from work due to injury
  • Future loss of earnings, if absent from work for a long period of time
  • Medical expenses resulting from the injury
  • Future medical expenses resulting from the injury
  • Out of pocket expenses

Speak with your solicitor for more clarity on your specific case.

“Caoimhe McConnell was to the point and very dedicated to my case and made sure I had a successful outcome plus the Barrister was also informative. Both he and Caoimhe explained everything clearly to me and I was treated with respect at all times” .

Personal Injury Client *

Client Story – Mary, Medical Negligence *

Incident: The client gave birth to her daughter on the 24/08/2016 and was sent home from the hospital. She had an uncomfortable feeling of pressure all that day and when she woke up that night to use the bathroom she got a strong pain and an urge to push. She could see a foreign object coming from her vagina. She initially thought she was haemorrhaging. She called her mother to come and help her after retrieving the object that had at this stage fallen out of her. It was an extremely embarrassing and worrying event to have happened to her. They had no idea what the object was. She called the hospital and they advised her to go in immediately and to bring her baby too. After spending a night in the hospital they confirmed that it was a medical tampon which had been left inside her since the birth of her daughter that had caused the aforementioned events to take place. She had suffered a first degree tear and the medical tampon had been used to stem blood flow from the uterus and maintain operative field visibility. She was given antibiotics and sent home. The advice was to go back in a week and when she returned she was told she was given the wrong antibiotics and would need to be put on another course of antibiotics. Mary was extremely concerned about the fact that she could have potentially suffered infection within the uterine cavity or more severely Toxic Shock Syndrome.

Case progression: Proceedings were instigated on the 11/06/2018

Settlement: The case was settled in the Circuit Court on the 26/06/2018. The case was settled in our favour as we had argued the point that this substandard treatment in terms of the medical tampon retention during the course of the repair was a never event.

FREQUENTLY ASKED QUESTIONS

What is Medical Negligence *?

Medical negligence * (also known as clinical negligence * or medical malpractice *) comes in many forms and occurs when substandard care is given to a patient, either by action or failure to act, that either worsens their current condition or causes additional injury to them. These injuries are usually avoidable where the medical practitioner adhered to the duty of care and standard of medical practice expected of them…

READ MORE

How can I prove Medical Negligence *?

To prove medical negligence *, you must be able to show that a Doctor-Patient Relationship existed and show that the medical professional that treated you was negligence. Your solicitor will arrange for an independent third party medical expert to assess your case and determine whether negligence was the cause…

READ MORE

How long do I have to make a claim?

The general rule for personal injury claims is that a person has 2 years less one day following the date of knowledge that they were injured to make their claim. This is outlined in the statute of limitations…

READ MORE

FREQUENTLY ASKED QUESTIONS

What is Medical Negligence *?

Medical negligence * (also known as clinical negligence * or medical malpractice *) comes in many forms and occurs when substandard care is given to a patient, either by action or failure to act, that either worsens their current condition or causes additional injury to them. These injuries are usually avoidable where the medical practitioner adhered to the duty of care and standard of medical practice expected of them… READ MORE

How can I prove Medical Negligence *?

To prove medical negligence *, you must be able to show that a Doctor-Patient Relationship existed and show that the medical professional that treated you was negligence. Your solicitor will arrange for an independent third party medical expert to assess your case and determine whether negligence was the cause…

READ MORE

How much time do I have to make my Medical Negligence * Claim?

The general rule for personal injury claims * is that a person can make a claim only in the first two years following the date of an accident or injury or from, what is referred to as, the date of knowledge, i.e. the date that they become aware of an injury or illness caused by a third party. This time limit is known as the statute of limitations…

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