What is a medical negligence claim?
A Medical negligence claim is pursued when a medical mistake has been made by medical professionals/practitioners, which has caused injury or disease to the patient.
The medical system has been one that each of us as individuals has relied on to look after and assist us in dire situations. They are where we go when we have no idea what is wrong with us, from a cold to when we have been told of something more serious.
We have trust and respect for doctors and nurses alike, rightfully so. We don’t question a doctor if he tells us what we thought was a simple headache could be caused by something more grave, like a tumor. They deserve our respect and admiration.
Why do people sue for medical negligence?
There are many reasons why people sue a hospital or clinic for medical negligence but here are a list that we believe are the most common reasons:
- Being wrongfully diagnosed and treated by any medical expert.
- Prescribed the wrong medication and dosage.
- For any mistakes that have been made by the medical technician like, failure to sanitize the equipment.
- For any surgical mistakes like, a surgical instrument that has been left in you while surgery was going on.
- If the required and standard care during and after your hospital visit has not been followed.
- Careless actions by the medical professional.
- For the wrongful death of a member of the family.
- Injuries during Birth.
- Discrimination by a member of the medical staff based on your sex, color, or religion.
How do I issue a medical negligence claim?
In Irish law, every citizen is duty-bound to care for one another. Any injury resulting from our actions makes us liable for negligence. There is no exception for doctors and medical professionals either.
However, when issuing a claim for medical negligence, it should be proven that the caregiver chose a course of action that any other qualified professional would have avoided. It should be established as the reason behind the injury. Only then will a court accept the claim. However, before things appear in front of a judge, here are four steps you must follow.
- Find a solicitor.
The first step to take while issuing a claim for medical negligence is finding a suitable and qualified solicitor. If you don’t wish to hire one just yet, you should at least seek advice from a legal professional and their opinions on your case. They will guide you through the next steps while informing you of the statute of limitations (2 years in most cases) if needed.
2. Obtaining a medical opinion.
In Ireland, it is necessary to prove that a healthcare professional has committed medical malpractice. Therefore, the next step in issuing a claim for medical negligence is getting an expert’s opinion. It can be a retired doctor. Most solicitors take care of this step because this is the foundation of your claim.
3. Assessing liability and claim.
Once an expert determines that medical malpractice did happen in a hospital, the next step is assessing the claim to estimate the losses and compensation. This includes a detailed study of the incident’s effect on you and the expenses or losses you had to incur for medical reports, treatment, etc.
4. Submitting relevant court papers.
When a strong case has been established, the next step is submitting the relevant court papers with the details of the claim for medical negligence. The process after this can take months, or even years, of battle in the court. However, the defendant can opt for a settlement at any time.
When it comes to a claim for medical negligence, a substantial liability should be proved first. You must take immediate action when you discover the injury from the medical treatment. The ideal window of time for issuing a claim is within the first two years of the day you were aware of the injury.
These four steps can help solidify your claim so that you get the compensation you deserve.
What is the statute of limitations for a medical negligence claim in Ireland?
There are a couple of exceptions to the statute of limitations in Ireland but in most cases it is 24 months after the known date of the injury was sustained. Although there is a timeframe for initiating the claim, there is no time limit for the actual resolution of that claim as the whole process can take quite a while, ranging from months to years.
How much compensation will I receive for medical negligence?
How much compensation you receive can vary from case to case. There isn’t a set number that you will receive. There are however factors that are taken into account to reach a fair settlement for the person making the claim. Some of these factors include:
- Psychological trauma that was suffered
- If you required or will require specialist treatment in the future
- The level of your injuries seriousness (persistency and permanency of the injury is also taken into account)
- Your medical history
- The deterioration of your quality of life
- Loss of earnings depending on the person’s earnings or potential earnings
