Medical Negligence*

Hospital Negligence Claims*

Hospital negligence claims* are a form of medical negligence*. The emergency room is where hospital negligence* most commonly occurs.

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Common Forms of Hospital Medical Negligence

If you are subject to hospital negligence*, your health may have been at unnecessary risk, because you have received substandard/inadequate medical treatment as a result of the negligent actions of a medical professional.

Medical negligence* is a complex topic in Irish law. As of late there is more legal regulation and accountability for medical care in hospitals around Ireland. It important to note that proving that hospital negligence* has taken place by a medical practitioner is vital.

Some common forms of hospital negligence claims* arise when a medical professional:

  • Makes incorrect decisions
  • Fails to diagnose an illness

Causes

Hospital negligence claims* arise for a number of reasons, such as:

  • The inexperience of younger staff members
  • High-stress levels hospital staff members are under
  • Shortages and lack of vital hospital resources, such as beds

It should be noted that other healthcare professionals can also be at fault in hospital negligence cases*. For example medical professionals such as radiologists, technicians and administrators

Types of Negligence*

There are several different examples of hospital negligence*, some of which include:

  • Failing to or delays in diagnosing an illness/injury
  • Inadequate action on test results
  • Failure to communicate the risks linked to a specific procedure
  • Fault in the performance of an operation
  • Error in administering prescriptions/medication
  • Hospital systems fail to maintain a hygienic environment in the hospital. Causing patients to become susceptible to infections and bed sores
  • Failure to obtain informed consent of an optional surgery, such as heart surgery and cosmetic surgery
  • Poor childbirth care and procedures, causing physical and psychological birth injuries such as cerebral palsy
  • Failure to refer a patient to another specialist where it was necessary to do so

If you or a family member have experienced any form of hospital negligence* throughout your time in hospital you should speak to a solicitor immediately. Speaking with a solicitor as soon as possible following the error is important. Ideally when attempting to bring a hospital negligence claim* forward speak to a solicitor who specialises in medical negligence*. They will aid you throughout the process, therefore ensuring all vital steps are taken correctly.

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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, 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.

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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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