Medical Negligence*

GP Negligence Claims*

We visit our GP for a number of reasons throughout our lives and expect to receive a high standard of care from them. In most cases this is the case and we are happy with the treatment and care we have received. In a small number of cases there may have been some form of negligence which resulted in an illness or injury. As, in most cases, we attend our GP when we are sick or injured this could lead to our original conditions becoming worse over time as a result of this breach in duty of care.

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The National Association of General Practitioners

The National Association of General Practitioners (NAGP) was set up in order to ensure that best practice within the primary care sector. They try to ensure that all patients receive the highest standard of care. If members of this association have acted in a negligent manner which led to personal injuries* or an illness then you may be entitled to make a claim against them as their member did not provide a high standard of care.

In many cases, your physical well being may have been affected as a result of GP negligence*. As your GP is usually the first person you go to when you become ill, this can have a negative effect on your condition or any injuries which you may have sustained. If you have experience GP negligence* you may be entitled to make a claim* for damages. If you are a patient in a private GP practice you may be able to make a claim* directly against your healthcare provider where as in other cases it is likely that the claim* will be made against the practice as one organisation.

Proving Negligence

In order to proceed with a claim for GP malpractice* you must first prove that medical or clinical negligence has occurred. In order to do this it must be shown that negligence would not have occurred if you were treated by another GP or medical professional. In many cases, negligence occurs as a result of a breach in duty of care where they have failed to ensure the health and safety of their patients. If it is found that a GP or a practice has failed to show a reasonable level of duty of care and patients have been affected by this, they may be found liable in any claims* made for negligence.

Types of GP Negligence

  • Failing to investigate symptoms
  • Failing to act on test results
  • Poor record keeping in relation to patient information
  • Failing to refer the patient to a specialist
  • Medication or prescription errors
  • Failing to review medication / defective drug administration

Consequences of Negligence

  • Incorrect treatment may be given
  • Deterioration of medical condition or injuries
  • The patient may sustain personal injuries
  • Incorrect treatment may be given
  • There may be a medication or prescription error made
  • Their original illness or injury may become worse over time
  • They may need further treatment and medical attention as a result

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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.

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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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