Medical Negligence*

We Can Help With Your 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.

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We’re here to help. Call us today on +353 1 649 9900

Medical Negligence

What is Medical Negligence*?

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.

We provide legal advice on the following types of medical negligence claims:

  • Birth & Gynaecological Claims*
  • Surgery Claims*
  • Cosmetic Surgery Claims*
  • Medical Care Claims*
  • Other Types of Claims*

How do medical negligence claims* arise?

Medical negligence claims* can occur under different circumstances. Some examples of medical negligence include:

  • During surgery where there is an error.
  • A misdiagnosed patient.
  • Medical practitioner fails to act, notice an illness or medical need.
  • Medical care is below the standard expected from a medical practitioner.
  • A medical practitioner causes injury, loss of quality of life, or in some cases, leading to death.

Medical practitioners that may be attributed to the negligence of various injuries and illnesses are:

  • Doctors
  • Nurses
  • Medical Consultants
  • Surgeons
  • Plastic Surgeons
  • Physiotherapists
  • Opticians
  • Dentists
  • Psychologists
  • Lab Technicians

The list can also include various members of a medical facility, either in the private or public sector.

Medical Negligence

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:

  • A doctor-patient relationship existed
  • Proof the medical professional was negligent

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.

Following this, 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.

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Our helpful team

Need Help? Just Ask.

For more information and a confidential discussion on your medical negligence claim*, call Paul Tracey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell him about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and he can call you back.

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.

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.

For more information and a confidential discussion on your medical injury claim, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.

What Our Clients Say

We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.

I doubted the probability of my case being successful, but Elaine reassured me, regardless of me being outside Ireland.
I felt confident that I was receiving great advice and guidance at all stages. Thanks for getting my case to a successful resolution.
I won't hesitate to recommend Tracey Solicitors and Monika to friends in the future if they need legal help and advice.
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Case Settlement

If you are to proceed with a medical negligence claim* you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a medical negligence injury*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the medical negligence injury*, for example, loss of earnings (if you are out of work), medical bills, added travel costs as a result of the accident (for example, travel to and from the hospital) and future care costs. Learn more about Special Damages

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 Legal Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

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