HOW TO PROVE MEDICAL NEGLIGENCE *

HOW TO PROVE MEDICAL NEGLIGENCE *

How to Prove Medical Negligence *

When someone becomes ill they look to seek medical attention of a trusted medical professional to regain health and recover to the best of their abilities. In most cases, medical professionals are dedicated to ensuring that the treatment you receive is to the highest standard

Medical negligence * may arise at times where the medical professional delivered substandard medical care and either caused in injury or worsened a patient’s current condition.

Types of Negligence                  

There are various ways in which Medical Negligence cases arise *. Cases can occur under proof of many different circumstances such as:

  • When an individual is undergoing surgery (both minor and major) where there is an error due to negligence at the hands of a medical professional.
  • When a person seeks medical advice and is misdiagnosed by a medical profession, thus hindering the diagnostics and subsequently the recovery process. This arises when a medical practitioner fails to act, notice illness or medical need when treating a patient.
  • When someone receives medical care that is below the standard of expectation and that results in further illness or injury due to the negligence of a medical practitioner
  • When a medical practitioner acts in a negligent manner that leads to a patient being injured, losing quality of life as a direct result of negligent practice or even in some cases fatality.

Proving Medical Negligence *

To prove that medical negligence * occurred, you must be able to show the following circumstances.

1. A Doctor-Patient Relationship Existed

You must be able to show that during the period of which injury was sustained due to negligence that you had a patient-physician relationship with the medical practitioner in question.  The medical profession must have treated you under direct and professional circumstances (for example you cannot claim against a doctor who gave you unofficial advice when passing in the street, or at a function.)  To show a doctor-patient relationship existed keep record of invoices charged for service of a doctor, official prescriptions, diagnosis was given to you from the medical practitioner in question, and confirmation records of the appointment/appointments that have taken place with the respective medical profession in question.

2. Proof the Medical Professional was Negligent

Yes, you may be unhappy with treatment and results however this does not necessarily mean that your doctor is liable for medical negligence *. As mentioned above medical negligence * refers to a patient who has suffered some form of personal injury * or further illness as a direct result of an error made by a medical professional.  You must be able to prove that the way your doctor acted towards you was negligent and substandard to the level of medical care that is legally and universally accepted. To make a claim for medical negligence *, you must be able to show that the professional in question caused harm in a way that competent doctor would not.

To prove this a third party independent medical professional who specialised in the area of interest will be asked to review your case.

Independent Medical Expert Review

Many negligence cases * involve patients that were already sick or injured. Therefore, the question always arises as to whether the negligent practice carried out by the doctor caused additional harm or not. It must be proven that it is “more likely than not” that the doctor’s negligence directly caused the personal injury *or further illness.

To prove this a patient must have an outside medical expert to testify that the doctor’s medical negligence caused further illness and injury. This independent medical expert in the field of interest will review your case. This determines whether you have been a subject of inadequate medical care at the hands of a medical professional.

The medical professional will revert and will either confirm that they would have done the same thing as the doctor in question or that, in their opinion, the doctor acted negligently and delivered substandard care which led to the injury. This may show whether your injuries could have been avoided, had the medical professional not breached their duty of care towards you.

Obtaining an additional medical expert report

Because Ireland is such a small country and Island, most members of the medical community are known to each other in one way or another. It’s understandable that professionals working in the same small field of expertise don’t want to be pointing the finger of blame towards each other when it comes to medical negligence *. As a result, it can be very difficult to find an Irish based medical practitioner to participate in a report against another practitioner and therefore, we turn to medical practitioners in the UK for these reports to strengthen your case and ensure an impartial report.

Contact a Solicitor

The next step is to contact a medical negligence solicitor. Medical negligence is a very complex topic in Irish Law and attempting to proceed alone without the help of a solicitor may result in you missing some crucial steps. Your solicitor can then guide you through the next steps to ensure that the claim procedure runs as smoothly as possible for you.

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.

“I really enjoyed Tracey Solicitors service. They really helped me in solving my case without any complications in a very fast way. I would really recommend Tracey Solicitors to everyone who is looking for a great solicitor.”

Personal Injury Client *

Client Story – Mary, Medical Negligence *

Incident:  On Sunday the 27/06/06 Mary began complaining of relentless headaches and went to the doctor where she was asked several questions. Mary explained she had her own business and they were going on holidays so the doctor put it down to stress and gave her medication and sent her home. The next night, which was a Monday, Mary complained of headaches again with nausea so they went straight to Naas hospital. On Tuesday morning tests were carried out and Mary was told she needed an MRI but it was not available until the Thursday. On the Thursday morning 29/06/06 Mary suffered from a brain haemorrhage and was moved into intensive care. They were told she was too bad to go to Beaumont. After much pleading Beaumont said they would take her at 2pm however no ambulance arrived until 7.30pm so she did not arrive at Beaumont until 8.20pm. She was in Beaumont from 29/06/2006 until August 2006. They waited about two weeks after the haemorrhage to operate.  mary was left with a lengthy recovery ahead of her and is in constant need of care which could have been avoided had the right tests and procedures been carried out, upon declaration of initial symptoms.

Case progression: Proceedings started on the 10/10/2012 and was brought to the High Court.

Settlement: The lack of clinical vigilance and inadequate investigation into the severe headaches led to an easily avoided, cerebral haemorrhage with a devastating clinical effect. There was a 4 day window of opportunity for diagnosis which eventually led to a catastrophic clinical outcome. If the appropriate test had been performed, the outcome for this patient would have been very different. The case was settled on the 07/04/2016.

Client Story – Sarah, 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. 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. Sarah was 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 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. It is impossible to answer this questions here, that is why you need to speak with medical negligence solicitor to discuss your claim…

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 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. It is impossible to answer this questions here, that is why you need to speak with medical negligence solicitor to discuss your claim…

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…

READ MORE



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