Road traffic accidents*
If you were involved in an accident, whether you were a driver, passenger or pedestrian, within the last two years and suffered an injury you may be entitled to make a claim for compensation.By law all drivers must have at a minimum third party insurance cover. Therefore if a driver causes an accident his/her insurers will be covering the accident and any injury to a third party i.e. pedestrians, cyclists, other drivers, passengers. If the other driver in an accident is uninsured or leaves the scene of an accident your claim is likely to be covered by the Motor Insurers Bureau of Ireland which was established to specifically cover such road traffic accidents *.
If the injury is serious an ambulance should be called. Should an ambulance not be required, after exchanging details as set out below you should then obtain medical treatment as quickly as possible thereafter by attending the Accident and Emergency department of your nearest hospital or making an emergency appointment with your GP. This is important even if following the road traffic accident accident you did not feel that your injuries were particularly serious. Should there be an unjustifiable gap between the date of your road traffic accident and the date on which your injuries were recorded in your medical history, your road traffic accident compensation claim * could be contested on the grounds that you injuries were not sufficiently serious to warrant medical attention at the time of the road traffic accident and that they may have been caused by some other event.
The Gardai will attend at the scene and take statements from the various parties and witnesses.
If the Gardai indicate that they will not be attending the scene, there will still be a note of the call to the Gardai and it is important that you visit the local Garda Station afterwards to provide exact details of the road traffic accident.
You should keep a copy of this report for your solicitor.
Take details from the other driver including name, insurance, car make and registration number.
Modern technology can assist greatly here in that most people carry mobile phones with camera facilities.
This will allow you to take a picture of the accident scene itself, the debris, the car registration, road conditions etc to support your claim.
Take details from any witnesses
Often it is a condition of an insurance policy not to admit liability following an accident and so it is wise not to admit liability in case your policy is invalidated.
If you were involved in a car accident within the last two years and sustained an injury , you may be entitled to make a claim for compensation for the car accident if the accident was the fault of another driver.
By law all drivers must have at a minimum third party insurance cover. Therefore if a driver causes an accident his/her insurers will be covering the accident and any injury to a third party i.e. you as a driver or your passengers.
If the other driver in an accident is uninsured, cannot be traced or leaves the scene of an accident (hit and run) your claim does not end there and may be covered by the Motor Insurers Bureau of Ireland (MIBI) which was established to specifically cover such road traffic accidents.
Before car accident claims against an unknown driver can be made, it is important that your accident is reported to the Gardai in order that they can attempt to trace the owner of the vehicle using technology such as roadside cameras and CCTV. The MIBI are unlikely to entertain any claims for car accident injuries unless it can be shown that every effort has been made to trace the negligent driver responsible for the car accident.
An application is first of all required through the Injuries Board. Whilst you can make this application without the involvement of a solicitor it is not recommended. Your claim must be accompanied by a medical report, Garda report where available and details of your special damages. Advice from your solicitor is important when it comes to special damages to ensure you are receiving an adequate settlement to cover your losses. Claiming the right amount of special damages can often make the difference between receiving an adequate settlement or being under-compensated, therefore it is always better to seek advice from a specialist personal injuries solicitor* in relation to a car accident compensation claim*.
Once your claim is lodged with the Injuries Board, the Injuries Board will contact the driver or their insurers to first of all seek their consent to the assessment of your car accident claim by the Injuries Board. If they agree to the injuries board making an assessment of your car accident claim, an independent medical examination will be organised at this stage. Once this examination is complete, the Injuries Board will issue their assessment. If you are in agreement with the assessment, an Order to Pay will issue and your car accident claim will be settled.
It should be noted that it is common practice for insurance companies to make an approach to injured parties following a car accident to try and reach an early settlement. Often these approaches are below what your solicitor would deem to be adequate compensation for your injuries. If you engage a personal injury claims solicitor* at the beginning of your car accident claim, they will however be able to negotiate on your behalf to agree a more appropriate settlement.
It is important to take professional advice before accepting a settlement with an insurance company as once you accept an offer of compensation for the car accident, it is final. This can have huge ramifications in a scenario where you did not fully understand the nature of your injury and further medical bills or loss of earnings are incurred.
Should the claim not be resolved through the Injuries Board in circumstances where the Injuries board is unable to make an assessment, the other side refuse an assessment or in circumstances where the assessment is not adequate then the matter will proceed to Court in the normal course once an authorisation letter is issued from the Injuries Board.
It may be the case that your claim is still settled after proceedings are issued and it is often the case that claims for compensation for injuries in a car accident are settled between the solicitor for the injured party and the insurers of the negligent party.
The level of compensation you are entitled to is divided into two – general damages and special damages. General damages cover the compensation that is awarded to you for your actual injury due to the car accident. This will be calculated on the circumstances of your case depending on the extent of your injuries both psychological and physical.
In addition to these general damages, you will be able to recover special damages which cover loss of earnings, medical care, travel expenses ie alternative travel expenses where you are unable to drive and similar expenses.
If you contributed to the accident in any way then you may be deemed to be responsible for a portion of the accident. The prime example is not wearing a seatbelt in a car accident. If you were involved in a car accident and not wearing a seatbelt, it is extremely likely that you will be held to have contributed to your injury and therefore be held liable for a portion of the compensation award. This percentage will be deducted or reduced from your settlement award to reflect your contributory negligence level.
Pedestrian accidents* are unfortunately a common occurrence with hundreds of pedestrians killed or injured every year. Road accidents involving pedestrians are the biggest single cause of injury to pedestrians and unfortunately are continuing to show an upward trend.
It may be the case that the accident is the fault of the pedestrian themselves ie where a child runs out in front of a car and the driver being so close could not avoid impact. In such circumstances the driver may not be at fault. If the driver was for instance speeding , then the accident could be deemed to be the fault of the driver
A further example of pedestrian accidents* where you are likely to have a strong case is where a pedestrian is knocked down on a pavement or hit at a pedestrian crossing or at traffic lights.
To succeed in a claim for compensation for personal injuries* sustained in a pedestrian accident, the plaintiff must first of all have sustained an injury whether it be physical or psychological . Secondly the driver must have been negligent and in breach of the duty of care owed to pedestrians on the road. Sometimes this can be hard to show in an accident. Sometimes there can be several factors contributing to an accident ie the pedestrian walked out in front of a vehicle . In certain circumstances, the court might agree that the pedestrian was partially at fault for the accident and confirm that contributory negligence applies. In these circumstances part of the accident may be deemed to be the fault of the pedestrian and the compensation is reduced accordingly. If for instance the court found that the pedestrian was 20% responsible for the accident, the compensation awarded to the pedestrian will be reduced by 20%.
Compensation for Pedestrian accidents include general damages which is compensation for the actual injury and in addition may include special damages which covers compensation for loss of earnings, medical expenses etc.
Motorbike users are a vulnerable category of road user. Without the shell of a car to protect them, it is inevitable that following a motorbike accident, * the motorcyclist is likely to come off the worst. The impact of an accident can result in the driver being thrown from his motorbike hitting the road, another vehicle or a wall causing major injuries. Drivers have an obligation to drive with due care and consideration for other road users however there are unfortunately a large number of motorbike accidents in Ireland.
An application is first of all required through the Injuries Board. Whilst you can make this application without the involvement of a solicitor it is not recommended. Your claim must be accompanied by a medical report, Garda report ,where available, and details of your special damages. Advice from your solicitor is important when it comes to special damages to ensure you are receiving an adequate settlement to cover your losses. Claiming the right amount of special damages can often make the difference between receiving an adequate settlement or being under-compensated, therefore it is always better to seek advice from a specialist personal injuries* solicitor in relation to a motorbike accident compensation claim*.
Once your claim is lodged with the Injuries Board, the Injuries Board will contact the driver or their insurers to first of all seek their consent to the assessment of your motorbike accident claim* by the Injuries Board. If they agree to the injuries board making an assessment of your claim, an independent medical examination will be organised at this stage. Once this examination is complete, the Injuries Board will issue their assessment. If you are in agreement with the assessment, an Order to Pay will issue and your motorbike accident claim* will be settled.
It should be noted that it is common practice for insurance companies to make an approach to injured parties following an accident to try and reach an early settlement. Often these approaches are below what your solicitor would deem to be adequate compensation for your injuries. If you engage a personal injury claims* solicitor at the beginning of your motorbike accident claim*, they will however be able to negotiate on your behalf to agree a more appropriate settlement.
It is important to take professional advice before accepting a settlement with an insurance company as once you accept an offer of compensation for the accident, it is final. This can have huge ramifications in a scenario where you did not fully understand the nature of your injury and further medical bills or loss of earnings are incurred.
Should the claim not be resolved through the Injuries Board in circumstances where the Injuries board is unable to make an assessment, the other side refuse an assessment or in circumstances where the assessment is not adequate then the matter will proceed to Court in the normal course once an authorisation letter is issued from the Injuries Board.
It may be the case that your claim is still settled after proceedings are issued and it is often the case that claims for compensation for injuries in a motorbike accident are settled between the solicitor for the injured party and the insurers of the negligent party.
The level of compensation you are entitled to is divided into two – general damages and special damages. General damages cover the compensation that is awarded to you for your actual injury due to the motorbike accident. This will be calculated on the circumstances of your case depending on the extent of your injuries both psychological and physical.
In addition to these general damages, you will be able to recover special damages which cover loss of earnings, medical care, travel expenses ie alternative travel expenses where you are unable to drive and similar expenses.
If you contributed to the accident in any way then you may be deemed to be responsible for a portion of the accident. If you are deemed to have contributed towards the accident, a percentage will be awarded against you in relation to your contributory negligence and this will be deducted or reduced from your settlement.
Bicycle users are one of the most vulnerable categories of road user. Without the shell of a car to protect them, it is inevitable that following a bicycle accident, the cyclist is likely to come off the worst. The impact of an accident can result in the cyclist being thrown from his bicycle hitting the road, another vehicle or a wall causing major injuries. Drivers have an obligation to drive with due care and consideration for other road users however there are unfortunately a large number of bicycle accidents in Ireland.
An application is first of all required through the Injuries Board. Whilst you can make this application without the involvement of a solicitor it is not recommended. Your claim must be accompanied by a medical report, Garda report ,where available, and details of your special damages. Advice from your solicitor is important when it comes to special damages to ensure you are receiving an adequate settlement to cover your losses. Claiming the right amount of special damages can often make the difference between receiving an adequate settlement or being under-compensated, therefore it is always better to seek advice from a specialist personal injuries* solicitor in relation to a claim.Once your claim is lodged with the Injuries Board, the Injuries Board will contact the driver or their insurers to first of all seek their consent to the assessment of your bicycle accident claim* by the Injuries Board. If they agree to the injuries board making an assessment of your claim, an independent medical examination will be organised at this stage. Once this examination is complete, the Injuries Board will issue their assessment. If you are in agreement with the assessment, an Order to Pay will issue and your bicycle accident claim will be settled.
It should be noted that it is common practice for insurance companies to make an approach to injured parties following an accident to try and reach an early settlement. Often these approaches are below what your solicitor would deem to be adequate compensation for your injuries. If you engage a personal injury claims* solicitor at the beginning of your bicycle accident claim, they will however be able to negotiate on your behalf to agree a more appropriate settlement.
It is important to take professional advice before accepting a settlement with an insurance company as once you accept an offer of compensation for the accident, it is final. This can have huge ramifications in a scenario where you did not fully understand the nature of your injury and further medical bills or loss of earnings are incurred.
Should the claim not be resolved through the Injuries Board in circumstances where the Injuries board is unable to make an assessment, the other side refuse an assessment or in circumstances where the assessment is not adequate then the matter will proceed to Court in the normal course once an authorisation letter is issued from the Injuries Board.
It may be the case that your claim is still settled after proceedings are issued and it is often the case that claims for compensation for injuries in a bicycle accident are settled between the solicitor for the injured party and the insurers of the negligent party.
The level of compensation you are entitled to is divided into two – general damages and special damages. General damages cover the compensation that is awarded to you for your actual injury due to the bicycle accident. This will be calculated on the circumstances of your case depending on the extent of your injuries both psychological and physical.
In addition to these general damages, you will be able to recover special damages which cover loss of earnings, medical care, travel expenses ie alternative travel expenses where you are unable to drive and similar expenses.
If you contributed to the accident in any way then you may be deemed to be responsible for a portion of the accident.
Cyclists can be hard to see especially in poor weather conditions or at night and therefore it is important that adequate lighting and hi vis clothing is worn by a cyclist to avoid a contributory negligence claim.
If you are deemed to have contributed towards the accident, this percentage will be deducted or reduced from your settlement award to reflect your contributory negligence level.
If you would like to find out whether you are entitled to make a personal injuries claim* following a road traffic accident contact us to obtain specialist advice by calling 01 234 0044, or by filling out our online assessment form. Your enquiry will be forwarded to a solicitor who specialises in Personal Injuries *.
Trips, slips and falls*
If you have fallen, tripped or slipped due to a danger or hazard created by others and have suffered an injury, you may be entitled to make a claim for compensation*.
Often a trip, slip or fall is the result of a simple accident and nobody is to blame. However if an accident is the result of negligence of another party then there may be a claim.
There can at times be a fine line between an accident and an accident that gives rise to compensation due to negligence. To put it simply, in the eyes of the law a trip slip or fall will be deemed to be an accident when it is held that no one could possibly have foreseen it happening and for which is it not appropriate to place blame. Nobody has control over the incident nor does anybody have responsibly to prevent it.
However a trip slip and fall will be deemed to give rise to a claim when an incident is caused by the act or omission of another in breach of their duty of care, which is a duty to avoid acts or omission that you can reasonably foresee would cause an injury to another.
Therefore in order to receive personal injury compensation for an injury resulting from a trip slip and fall, your personal injury* solicitor will have to prove that the accident occurred because of another persons negligence and was not a mere accident. In addition, they will have to prove that the negligence did in fact cause your injury.
If you would like to find out whether you are entitled to make a personal injuries claim* following a road traffic accident contact us to obtain specialist advice by calling 01 234 0044, or by filling out our online assessment form. Your enquiry will be forwarded to a solicitor who specialises in Personal Injuries *.
Fatal injuries claim*
Where a person dies following the wrongdoing of another, a cause of action may lie against that wrongdoer. This type of action is referred to as a Fatal Injury Claim / Fatal Injury Action.
who can bring a fatal injury claim?
This type of claim is a class action. In essence it means that it is brought on behalf of the Deceaseds dependents. The law in this area provides that a dependent includes the following: Spouse, Child, Grandchild, Parent, Sibling, Cohabitant of over 3 years.
Within the first six months of death, the correct person to bring a claim is the legal personal representative. If however they have not brought a claim within that timeframe, any dependant can bring a fatal injuries claim. If there is more than one dependant it is important to note that only one action for damages may be brought against the same person in respect of the death. Therefore separate claims cannot be brought and effectively one single claim should be brought collectively for all of the dependants.
Fatal Injury process
An inquest will always take place in a fatal injuries case. The inquest will be held by the Coroner for the area in which the death occurred. These can be complex in nature and generally it is advisable to have legal representation at the inquest.
Depending on the circumstances, other hearings may take place ie Health & Safety investigations, criminal proceedings, investigations into Medical care or a combination of investigations can take place. Proper legal representation at an early state is recommended to ensure full information is provided regarding these investigations.
Following the necessary investigations, the injuries board process is the first step in making a claim for a fatal accident. If this process does not yield an agreed compensation amount between the parties, court proceedings will then be issued by your legal team.
Your claim will consist of:
Solatium is compensation for emotional rather than physical or financial compensation. The level of Solatium compensation was increased from the 11th January 2014 to €35,000.00.
Obviously this is a token amount and will never compensation for the loss of a loved one.
Further to the above claim for solatium, a dependant can claim for financial loss suffered as a result of the deceaseds death. In brief these will be:
Claim for loss of dependency referred to previously, in particular income contributed by the deceased and
Claim for special damages ie out of pocket expenses such as funeral expenses, inquest expenses etc.
Work place accidents*
If you have had an accident at work * and suffered an injury, you may be entitled to compensation.
Your employer is obliged to provide you with a safe working environment and so all machinery used should be fit for purpose, health and safety legislation must be adhered to, the work area must be safe, correct training should be provided and suitable supervision provided.
If your employer has failed to provide you with a safe working environment and you have suffered an injury please contact us to discuss further by calling 01 613 9191, or by filling in our online assessment form.
Medical negligence*
Medical Negligence* is one of the most traumatic experiences that an individual can experience. Medical Negligence can lead to physical, emotional and personal trauma, as well as loss of earnings. We offer an expert service to victims of medical negligence with the aim of a case not only being compensation for the negligence suffered but also providing the victim with justice. One hopes it also assists in improving medical standards.
Misdiagnosis of a condition
Unreasonable delay in treating a diagnosed condition
Mistakes made during a procedure or operation
Prescribing the wrong medication
Failure to obtain consent for treatment
Failure to warn about the risks of a particular treatment
Neglect and injuries during childbirth
Thankfully the majority of births happen without any problems at all and the birth is one of the happiest moments in a parents life . However when something goes wrong it can be very traumatic. If an infant is injured during the birth process the injury is categorised as birth trauma or birth injury. Birth injuries can have devastating effects on a family with some birth injuries being life long and requiring special care for the child. As well as the emotional strain this can place on a family, there can be huge financial strain as this special care is often very expensive.
Whilst some birth injuries can be as a consequence of several factors, some are due to preventable errors or medical negligence on behalf of the professionals involved ie the doctors or midwives. Unacceptable treatment during a birth or poor diagnosis of an infants condition often lead to catastrophic injuries.
Personalinjuriesclaim.ie have represented many clients who have suffered due to birth injury medical negligence. There are several types of birth injuries that commonly occur as a result of complications during pregnancy, labour, and child birth. Our experience covers a range of areas including:
- Problems not detected during pregnancy
- Failure to detect serious abnormalities prior to birth
- Negligently handled birth / labour
- Errors during ante-natal care
- Injury or death due to medical instruments, anaesthetics or inadequate suturing
- Negligently handled birth / labour
The following are common birth injuries:
Brachial palsy occurs when the brachial plexus (the network of nerves located beneath the collar bone that supplies the arms and hands) is injured. It is common when there is difficulty delivering the baby’s shoulder, called shoulder dystocia. The baby may lose the ability to flex and rotate the arm and a permanent disability could result.
Caput is a severe swelling of the soft tissues of the baby’s scalp that develops as the baby travels though the birth canal.
Pressure on the baby’s face during birth or labour may cause the facial nerve to be injured. This quite frequently occurs with the use of forceps for delivery. The injury is often seen when the baby cries when there is no movement on the side of the face and the eye may not close. If the nerve is simply bruised, the condition should heal within weeks however if it continues minor surgery may be needed.
A problem with formation of the hip joint. The location of the problem can be either the ball of the hip joint (femoral head), the socket of the hip joint (the acetabulum), or both.
Fracture of the clavicle or collarbone is the most common fracture during labour and delivery. The clavicle may break when there is difficulty delivering the baby’s shoulder or during a breech delivery.
An abnormally low level of blood glucose which can cause long-term brain damage.
The development of ‘cerebral palsy’ is one of the most serious types of birth injuries that a child can develop. Cerebral Palsy is caused by an injury to the brain before, during, or shortly after birth. Problems during birth such as the baby not getting enough oxygen, or a difficult delivery in which the baby’s brain is injured may result in Cerebral Palsy. The term “Cerebral Palsy” is used to describe a medical condition that affects control of the muscles. Due to an injury to the brain, the sufferer is unable to use some of the muscles in their body in the normal way. There are different types of Cerebral Palsy; spastic quadriplegic or Hemiplegia Cerebral Palsy, Dyskinetic Cerebral Palsy, Hypotonic or Ataxic Cerebral Palsy.
Some babies born with Cerebral Palsy do not show obvious signs right away. Classically, Cerebral Palsy becomes evident when the baby reaches the developmental stage at six and a half to nine months and is starting to mobilise, where preferential use of limbs, asymmetry or gross motor developmental delay is seen.
Proving that a medical practitioner acted negligently is complex which is why the Injuries Board in Ireland decline to assess applications for birth injury compensation. This can be further complicated if there were a number of medical staff involved in the delivery as your solicitor and your medical expert will have to determine who exactly was negligent.
Your solicitor will first of all apply for both the medical records of the mother and child and any additional notes relating to the birth of the child. A formal complaint will also be lodged against those believed to be responsible for the birth injury ie the Hospital/ Clinic, HSE, midwife or Doctor.
Your solicitor will arrange for an independent medical examination of your child to determine first the extent of the birth injury and secondly to establish would such an injury be caused due to negligence.
A patient who suffers an injury as a result of medical treatment received in a hospital , may have a hospital negligence claim. Not every mistake made in your hospital treatment amounts to a claim. The hospital has to have been negligent in that on the balance of probabilities the medical treatment received was in the eyes of the law below the standard required and as a result the injury or illness was caused. The court will ask whether a competent healthcare professional would have taken the same steps or carried out the same treatment as the hospital . This is important as it may be found that event though the course of action by the medical practitioner contributed to the patients injury, it may not be deemed negligent if the defence can prove that the medical practitioner acted reasonable and other medical professionals would have done the same.
Examples of Hospital Negligence cases include:
- Mistaken or delayed diagnosis
- The failure to act accordingly following the receipt of test results
- Mistakes in the performance of procedures or operations
- Mistakes in the administration of treatment or medication
- Sub-standard follow up care of the patient
- The failure to advise the patient of the risks involved with procedures before the administration of same
As compensation claims for hospital negligence are among the most complex of legal claims for compensation in Ireland, it is advisable to speak with an experienced medical negligence solicitor at the first possible opportunity.
When you visit your Dentist you trust that your Dentist will carry out works, whether a check up or dental treatment or cosmetic treatment in the correct manner. Unfortunately this is not always the case.
Dentists are recongnised in Ireland as medical practitioners under the Medical Practitioners Act 2007 and therefore have obligations similar to medical practitioners to carry out their procedures to a high standard. If you have suffered an injury due to a mistake made, failure to diagnose or a procedure has not been carried out correctly, you may have a claim for compensation against the practitioner for Dental Negligence / Dentist Negligence.
Dentist Negligence cases are very complex and this is recognised by the Irish Legal System. The Injuries Board refuses jurisdiction in relation to medical malpractice cases and so the normal procedure through the Injuries Board does not apply.
To succeed in a dentist negligence case:
- An injury must be caused or suffered by the treatment and that treatment must be negligent.
- The failure to act accordingly following the receipt of test results
- It may not be enough that you are simply dissatisfied with a dental treatment you received.
- It must be proved that the dentist failed in his/her obligation to provide a duty of care and that on the balance of probabilities the dental treatment received was in the eyes of the law below the standard required and as a result the injury was caused.
- The court will ask whether a competent dentist would have taken the same steps or carried out the same treatment as the doctor.
Various issues can arise during dental treatment leading to nerve damage. The dental anesthesia may not work or may damage the nerve. A local injection into the nerve can damage the nerve, which can result in permanent numbness to a specific area in the mouth.
Various issues can arise during cavity filling dental treatment. Again, the dental anesthesia may not be properly administered leaving a very painful procedure. The filling may be carried out incorrectly leading to infection, or other issues. An incorrect dental filling can result in the requirement for a crown to be placed over the tooth.
This very treatment can be problematic. Again, the dental anesthesia may not be properly administered leaving a what is a serious procedure in itself very painful.
An example of a problematic root canal treatment is when a dentist did not find and clean out all of the roots before applying a crown. In these circumstances , periodontal disease can persist leading ultimately to the removal of the tooth and the replacement with a bridge or artificial tooth.
The treatment of periodontal disease itself can also be negligent. A patient may be allergic to an antibiotic used by the dentist, the disease itself may not be properly treated which may lead to tooth extraction.
Crowns and veneers can be placed negligently. If a crown does not match the bite surface of the original tooth correctly , it can lead to chronic dental pain.
In relation to both crowns and veneers, the treatment can be problematic if it does not match the patients expectations.
A patient who suffers an injury as a result of medical treatment received by a doctor, may have a medical negligence claim*. Not every mistake made by a doctor amounts to a claim. The doctor has to have been negligent in that on the balance of probabilities the medical treatment received was in the eyes of the law below the standard required and as a result the injury or illness was caused. The court will ask whether a competent healthcare professional would have taken the same steps or carried out the same treatment as the doctor. This is important as it may be found that event though the course of action by the doctor contributed to the patients injury, it may not be deemed negligent if the defence can prove that the doctor acted reasonable and other medical professionals would have done the same.
Examples of Doctor Negligence cases include:
- Mistaken or delayed diagnosis
- The failure to act accordingly following the receipt of test results
- Mistakes in the performance of procedures or operations
- Mistakes in the administration of treatment or medication
- Sub-standard follow up care of the patient
- The failure to advise the patient of the risks involved with procedures before the administration of same
As compensation claims for doctor negligence are among the most complex of legal claims for compensation in Ireland, it is advisable to speak with an experienced medical negligence solicitor at the first possible opportunity.
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.
If you have suffered an injury as a direct result of negligent medical treatment or care that you have received, this may be referred to as ‘medical malpractice’.
Medical Malpractice cases are very complex and this is recognised by the Irish Legal System. The Injuries Board refuses jurisdiction in relation to medical malpractice cases and so the normal procedure through the Injuries Board does not apply.
Thankfully the majority of medical practitioners perform their daily duties to a high standard however incidents do happen and errors of judgment occur or neglect to carry out duties to the requisite standard. It can often be as a result of inexperience, lack of familiarity with a new procedure, stressful environment and long hours or a combination of these with results in a doctor maltreating a patient.
To succeed in a dentist negligence case:
- An injury, be it physical or psychological, must be caused by the treatment and that treatment must be negligent.
- Whilst better quality of care or safety measures could have prevented your injury, it may be that the incident itself was in fact completely unavoidable.
It is possible that medical malpractice occurs after a plaintiff has been injured in an accident ie road traffic accident or other incident. A situation can arise whereby the medical malpractice does not cause the injury however can exacerbate it. In these circumstances an apportionment of the blame usually applies.
to succeed in a medical negligence case
A plaintiff must establish all four elements of the tort of negligence for a successful medical negligence claim which are:
A duty of care was owed. An immediate duty is owed whenever a medical practitioner undertakes care or treatment of a patient.
That duty of care was breached. The medical practitioner must be shown to have failed to conform to the relevant standard care.
The breach of duty of care caused an injury to the plaintiff
Damages. Without damages there is no basis for a claim, regardless of whether the medical provider was negligent.
Once all four of the above are present a medical negligence case is established.
As soon as you believe that you may have a medical negligence claim, you should contact us to discuss whether you have a viable case. There is a strict timeline for taking a negligence case. Pursuant to Section 7 of the Courts and Civil Liability Act, 2004, a Medical Negligence case must commence within two years from the date of knowledge of the medical misadventure event which is generally when the negligence occurred.
Many victims of medical negligence have delayed pursuing a claim or contacting their solicitors and therefore were unable to pursue valid claims because their claims have become statute barred.