Medical Negligence*

Do you have a medical negligence claim?

We are specialised medical negligence* solicitors. If you have been injured as a result of an error made by a medical practitioner or professional, you may be entitled to pursue legal action.

We’re here to help.

  • We use our expert knowledge and 30 years' experience to give you the voice you need.
  • We use non-legal language and provide practical and impartial advice through every stage of the process.
  • Our team of experts will be there to help you every step of the way.

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+353 1 649 9900

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Medical Negligence

Medical Negligence Claims*

Medical negligence* — also known as clinical negligence — is a term used to describe a situation where a patient sustains personal injury* as a result of an error made by a medical practitioner/professional. In most cases, medical professionals are dedicated, diligent and practice in a safe manner. This ensures that the medical treatment you are receiving is to the highest of standards.

Common Medical Negligence Claims*

How do I know if I am I eligible for a medical negligence claim*?

If you believe that you have suffered because of medical negligence*, either by way of an injury or the worsening or deterioration of a pre-existing condition, you may be entitled to a medical negligence claim*. For your claim to be viable, generally, the injury or illness would have to have been ‘avoidable’ if the proper level of medical care had been administered. To be eligible for a medical negligence claim*, the following circumstances must be proven:

  1. Prove a doctor-patient relationship existed

    To do this, your solicitor will build your case to show that during the period in which your injury was sustained that you had a patient-physician relationship. Proving this will involve showing records of invoices from the doctor that you claim was negligent, as well as prescriptions and other records.

  2. Prove the medical professional was negligent

    To prove that your doctor was negligent, your solicitor will order an independent medical expert review. This third party will analyse your case, medical records and actions of the doctor to show that the doctor’s negligence ‘more likely than not’ caused the injury. They will determine whether you have been subject to sub-standard medical care. They will either confirm or deny that if they had carried out the same actions that, in their opinion, they could have avoided your injury or illness.

To find out if you qualify for a medical negligence claim, contact us to tell us about your case. Once these steps have been taken and if your claim is something that we can help you with, we can begin to take action for you.

We Look After Your Case

At Tracey Solicitors, our dedicated medical negligence solicitors* have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims* in Ireland over the past 30 years.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence* solicitor to help you with this.

  1. Speak with a solicitor

    If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor* following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.

  2. Obtain medical records

    In order to make a claim*, it must be established and proven that the injury sustained was caused by the medical negligence* of the doctor or medical staff tasked with your medical care. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence* was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.

  3. Letter of Claim

    If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.

What Our Client Say

Tracey Solicitors provide clear and independent advice and achieve the best possible outcome for you.

  • Being that mine was a sensitive and personally hard case, I found Paul and his vastly experienced team exceptional.
  • I felt confident that I was receiving great advice and guidance at all stages. Thanks for getting my case to a successful resolution.
  • The utmost professional service I've ever received from a solicitor's office. Paul Tracey has been a gentleman to me and my family.

For a confidential discussion about your medical malpractice* case, call 01 649 9900 to speak with Paul Tracey, our Head Medical Negligence Solicitor, or reach out via email to ask@traceysolicitors.ie and he will call you back.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim vary depending on the situation. When taking into account how long medical negligence claims take, it is important to remember that medical negligence cases* require certain time frames in place within which you can bring a claim. For medical negligence claims* it is two years less a day following the date of the incident or two years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence*. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Medical Negligence* Involving Children

In an unfortunate incident where a child is subject to medical negligence*, the process of making a claim differs from that of an adult. A minor can bring a claim forward in the first two years following their 18th birthday.

Learn more about Time Limits

Trust in Tracey Solicitors

Being subject to medical negligence* can be a difficult experience. At Tracey Solicitors, we understand this and know that the world of injury claims is something you may not have experience with. This is where our client-focused approach comes into play, to put your mind at ease and make the process as easy as possible for you.

Trust in Tracey Solicitors to provide you with the support and guidance you need so you can focus on your recovery while we manage your claim. With state of the art case management systems, utmost in client care, total transparency and communication in a language you can understand, working with your solicitor has never been easier.

+353 1 649 9900

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