Medical Negligence*

Delayed treatment claims*

Over the past few years, the Irish healthcare system has witnessed the emergence of a noteworthy problem known as delayed treatment claims. These claims, frequently voiced by patients and their families, bring attention to the harmful effects caused by delays in obtaining essential medical care. As Ireland endeavours to deliver excellent healthcare services to its population, it has become crucial to urgently tackle the root causes of delayed treatment claims.

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The impact of delayed treatment claims:

Delayed treatment claims arise from the anguish and damage suffered by individuals who have endured extended periods of waiting for crucial medical interventions. These delays can result in grave outcomes, including exacerbated medical conditions, heightened pain and distress, compromised treatment results, and, in certain instances, irreparable harm or loss of life. Additionally, the prolonged medical costs impose a substantial financial strain on patients and their families, amplifying the emotional toll of the situation.

Root causes of delayed treatment claims

The prevalence of delayed treatment claims in Ireland stems from various factors. Among these, inadequate resources and understaffing within the healthcare system emerge as one of the leading causes. Constrained healthcare budgets and a scarcity of medical personnel contribute to overcrowded hospitals, extensive waiting lists, and prolonged wait times for appointments, diagnostic tests, and surgeries. Furthermore, administrative inefficiencies and excessive bureaucratic procedures worsen the situation, causing patients to face frustrating and often avoidable delays. These negligent delays lead to exacerbated medical conditions, increased pain and suffering for patients, and diminished treatment outcomes.

Results of delayed treatment claims

Delayed treatment claims can lead to various injuries and adverse health outcomes for patients. Some common injuries that can arise from delayed treatment claims include:

  • Worsened medical conditions: Delayed treatment can aggravate existing medical conditions, making them more severe and difficult to manage. For example, a delay in treating an infection or chronic illness can lead to the spread of the condition, causing more extensive damage.
  • Increased pain and suffering: Patients may experience prolonged pain and suffering due to delayed treatment, as their condition may worsen and become more challenging to alleviate.
  • Compromised treatment outcomes: Delayed treatment may reduce the effectiveness of certain treatments or interventions, leading to less favourable outcomes.
  • Permanent disabilities: In some cases, delayed treatment can result in permanent disabilities or impairments. For instance, delays in diagnosing and treating certain medical conditions can lead to irreversible damage.
  • Risk of life-threatening complications: Delayed treatment may increase the risk of life-threatening complications, especially in cases where immediate medical attention is crucial.
  • Emotional and psychological distress: Patients and their families may suffer emotionally and psychologically due to the frustration and anxiety caused by delayed treatment and its impact on their health and well-being.
  • Financial burden: Prolonged medical expenses resulting from delayed treatment can impose a significant financial burden on patients and their families.
  • Loss of life: In the most severe cases, delayed treatment can lead to avoidable fatalities.

It’s important to note that the specific injuries and outcomes resulting from delayed treatment claims can vary widely depending on the individual case and the nature of the medical condition involved. Each case should be carefully evaluated by medical experts and legal professionals to determine the extent of harm caused by the delay and the potential for seeking compensation for medical negligence.

Mitigating delayed treatment claims:

Effectively tackling delayed treatment claims in Ireland, which may also include claims for medical negligence, requires a comprehensive approach that involves collaboration among healthcare providers, policymakers, and patients themselves. These claims, arising from negligent delays in providing essential medical interventions, shed light on the detrimental consequences of delayed diagnosis and the importance of upholding the duty of care towards patients.

The issue of delayed treatment claims has become a pressing concern in Ireland, reflecting the challenges faced by patients and the healthcare system at large. By addressing the root causes, improving resource allocation, streamlining processes, and enhancing communication channels, Ireland can take significant strides toward ensuring timely and accessible healthcare for its citizens. Only by prioritising patients’ needs and implementing comprehensive reforms can Ireland effectively address this issue and uphold its commitment to delivering high-quality healthcare for all.

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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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