Medical Negligence*

Delayed diagnosis claims*

Identifying an illness as soon as possible is vital in ensuring the best treatment and recovery for patients. While majority of professionals are prompt in identifying the correct diagnosis, there are times when the outcome of your illness can be delayed. Delayed diagnosis occurs when healthcare professionals give you the correct diagnosis, however after a substantial length of time.

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Doctors’ opinions can be formed through tests and exams such as X-rays, MRI scans, CAT scans, and ultrasounds to name a few. By reviewing the results of these screenings paired with medical notes and other sources doctors can make a diagnosis.

Often between the patient seeking help and the delayed diagnosis, the patient may have undergone unnecessary treatments, and suffered from the pain or may even have encountered other health issues due to incorrect treatments. The patient may have also incurred large medical fees.  If health issues such as cancer, or other serious illnesses go undiagnosed, it can have devastating consequences on the patient’s life expectancy, and unfortunately can be fatal if the diagnosis is only reached at a more advanced stage of the illness.

Causes of delayed diagnosis include:

  • Failing to read an X ray correctly e.g., Failure to spot a fracture or break.
  • Failing to respond to test results.
  • Failure in offering treatment at an early stage of an illness.
  • Failing to prescribe medication at the onset of the illness.

Areas of delayed diagnosis:

  • Cancer (of any area).
  • In accident & emergency when treatment is critical.
  • Orthopaedics – especially fractures.
  • GP diagnosis.

Can I make a claim for medical negligence as a result of receiving a delayed diagnosis?

In order to bring a claim for medical negligence, it is essential to have proof of:

  • The standard of care that you received was below the level of care you would have been given from a different medical professional.
  • Proof that as a result of the negligence it has caused you damage or injury.

If you are unsure of whether your situation requires legal action, you can speak to one of our medical negligence specialists. At Tracey’s, our expert medical negligence solicitors specialize in legal claims where there has been an uncalled delay in diagnosing an illness. This delay can have severe consequences for the patient and their family.

If you or any of your family have been affected by a delayed diagnosis, we are here to help you. To get in touch or for more information please visit: Medical Negligence Claims Solicitors * |Tracey Solicitors LLP

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Our helpful team

Need Help? Just Ask.

For more information and a confidential discussion on your medical negligence claim, call Elaine Hickey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell her about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and she 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 LLP, 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.

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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, which can 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 may be in a position to bring a claim forward in the first two years following their 18th birthday.

Learn more about Legal Time Limits

About Tracey Solicitors LLP

We draw on more than 35 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.

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

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