The Law for medical negligence* in Ireland is complicated and is governed by the test set out in the Supreme Court case of Dunne V The National Maternity Hospital (1989). Read more below. Also read more about other compensation schemes below.
Informed consent: all persons undergoing elective procedures must receive warnings as to the possible side effects and complications that could arise from these procedures. This has been established in Irish Law.
Assessing Your Situation:+
A panel of experts assess your situation in the following areas:
- Nurses and Physiotherapists with regard to current rehabilitation care and future care.
- Occupation Therapists in assessing aids, equipment and extensions/alterations of homes and transportation.
- Vocational assessors: in assessing employment and educational needs.
- Doctors and Consultants for future medical costs.
- Actuaries to assist with the calculation of present and future loss of earnings for the clients/dependent children or spouses.
- Consultants in assessing the severity of the impact of the injury and mobility into the future.
- Calculation of compensation by Irish Courts
Medical Negligence* or Clinical Negligence Compensation:+
Medical Negligence* or Clinical Negligence compensation is awarded by the Irish Courts under the following headings:
- General damages for pain and suffering
- Special damages which cover financial under the following headings;
- cost of past and future medical treatment,
- cost of past and future loss of earnings;
- cost of aids, equipment and extensions/alterations to homes & transport.
Important Time Frames+
An individual who has been injured as a result of a medical negligence* has 2 years from the date of the injury or 2 years from the date of knowledge in which to take a case and issue proceedings. In the case of those under 18 years of age or those with intellectual impairment, time limits are extended by legislation. If in any doubt about whether your case is within the statute of limitations it is important that you seek legal advice.
Read More About Dunne V The National Maternity Hospital (1989)+
The Dunne V The National Maternity Hospital (1989) medical negligence* case provided that:
– a medical practitioner was negligent in diagnosis of treatment only if he was guilty of such failure as no other medical practitioner of equal specialist or general status or skill will be guilty of if acting with ordinary care
– a Plaintiff will establish negligence against a medical practitioner by proving his deviation from a general and approved practice only upon proving also that the course taken was one that no other medical practitioner of like specialisation and skill would have followed when taking the ordinary care required from a person of his qualifications.
Other Compensation Schemes+
There are also compensation schemes for people who suffered mental or physical abuse and the Our Lady of Lourdes Hospital scheme has been established for victims of the wrongful acts of a consultant obstetrician who performed unnecessary hysterectomies in the Our Lady of Lourdes Hospital, Drogheda, Co. Louth between 1974 and 1998.
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