PRACTICE AREA

Medical Negligence Claims*

Medical Negligence2024-11-05T12:18:42+00:00

What is Medical Negligence?

Medical negligence is when you are injured or left with a worsening health condition after receiving poor or substandard medical care. Medical negligence – also known as clinical negligence – is a rare occurrence. But when it happens to you, the effects can be devastating.

At O’Reilly Doherty & Co Solicitors, we specialise in all types of medical negligence claims. We also work across other areas of personal injury claims including areas like dental negligence claims.

If you believe you, or a member of your family, have suffered an injury as a result of medical or dental negligence then it is vital you contact us as soon as possible. We will then be able to assess your case and advise you accordingly.

Medical negligence also refers to times when a medical professional or organisation fails in their duty of care, causing you injury or harm. This can include:

  • Failure to diagnose a condition
  • Failure to warn you of the risks of a procedure or treatment
  • Failure to prevent an infection from being acquired while under their care

Speak to us today

If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our expert solicitors.

Medical Negligence Claim Types

PRINCIPLE SOLICITOR

Ronan Doherty

Ronan is the Principal Solicitor of O’Reilly Doherty & Co having taken over the practice from Paul O’Reilly and Gerard Doherty. Ronan is an expert accident and medical negligence solicitor and has experience in helping victims of negligence. If you have any questions on a potential claim, please give him a call today and he will answer any question you have.

Types of Medical Negligence

Just as there are so many issues you might experience when it comes to your health, there are also many forms of medical negligence you may suffer.

Some of the most commons forms include:

Birth injury claims can be initiated if any injury that takes place during the process of childbirth can be termed as a birth injury. A birth injury can be physical damage like a skull fracture, broken bones, or arm or face paralysis.

Cancer Misdiagnosis Claims are amongst the most common medical negligence claims in Ireland. Wrong diagnosis or delayed diagnosis can have dangerous side effects on the patient.

If you or your baby has come to harm during childbirth, you may have suffered from clinical negligence.

You are entitled to proper medical care when undergoing cosmetic surgery. So if you have suffered from any form of negligence, you could have a claim.

Suffering from preventable pain or injury caused by your dentist could mean you’ve suffered dental negligence.

Hospitals – and those working in them – can make mistakes. If you’ve suffered an injury or illness caused by hospital negligence, you could be entitled to make a claim.

If you or a loved one has suffered from mental or physical harm as a result of substandard mental health care, you could be the victim of negligence.

If you were given the wrong diagnosis or a clinician failed to diagnose your condition, you could have a misdiagnosis claim.

Whether your injury was caused by the negligence of a GP or HSE specialist, you could be able to make a claim.

Surgical negligence occurs when your surgeon or any other medical professionals commits a mistake amidst the surgery, which renders you with more problems. Since your surgery did not meet the clinical standards, you can make a Surgery Negligence Claim.

Who Will I Claim Against?

You should receive the proper care from the professionals treating you – no matter what organisation they work for.

That’s why it’s possible to make a clinical negligence claim against both the HSE and private healthcare providers.

The HSE broadly does a wonderful job treating patients. But mistakes do happen. These are defined by the HSE as “serious incidents that are entirely preventable because guidance or safety recommendations providing strong systemic protective barriers are available at a national level, and should have been implemented by all healthcare providers”.

When you claim against the HSE, you won’t be claiming directly against your hospital or GP. The State Claims Agency (SCA) is the body that handles claims against the service. This is who you will claim against. If you have suffered from HSE negligence, O’Reilly Doherty could help you make a claim for compensation to help get you back on your feet.

Meanwhile, errors also take place in private healthcare organisations. If you have been the victim of a private hospital or clinician’s error, you could be entitled to compensation.

Private healthcare providers have their own insurers. The insurer will be the organisation you claim against, rather than the doctor or hospital directly.

Why choose O’Reilly Doherty Solicitors?

Whether you want to make an accident and injury claim, or need a solicitor for personal or business law matters – our friendly team are here to help, 24/7.

FREE INITIAL CASE REVIEW

Our fully trained legal advisors are happy to offer initial guidance for free.

NO HIDDEN COST

We provide a transparent, friendly service with no hidden costs or catches.

NO PRESSURE

We offer advice with no obligation. We never cold-call or apply pressure to our customers.

Client Testimonials

Very professional service from start to finish, the communication was great and the whole process was made as stress free as possible. I would highly recommend Ronan and the team.

Paul Spillane, ★★★★★

I have used Ronan and O’Reilly Doherty both professionally and personally, I couldn’t recommend them anymore just brilliant to deal with from start to finish. Thanks Guys.

Gareth Logan, ★★★★★

Fantastic to deal with would highly recommend.

Niall Conway, ★★★★★

Very friendly and extremely helpful. Thank you.

Noleen Burke, ★★★★★

Superb service, cannot recommend them highly enough.

Ian Grimson, ★★★★★

Frequently Asked Questions

Your health is precious. When someone harms that, you are entitled to take action.

It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition.

This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.

Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.

Every medical claim is different. Your circumstances will be unique to you. That means that is difficult to say with certainty what you might entitled to in compensation.

The amount that you’ll be awarded will be split into two categories: general damages and special damages.

General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.

Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.

Compensation for the medical negligence you experienced can help you get back in the position you were in before it ever happened. Your health and your future are the most important things. That’s why O’Reilly Doherty Solicitors wants to help you get what you’re entitled to by law.

You will be required to complete a document called the “Family Law Civil Bill” in which you will be required to state the date you were married and the length of time you and your spouse have been living apart. You will be asked under Oath in Court to verify this information.

One of the most important things to remember is that you face a a deadline when making a medical negligence claim in the Ireland. In most cases, you will have two years from the date you experienced the negligence to make your claim. This is why you should think about doing so as soon as possible. But there are exceptions to this rule, which apply to those under the age of 18, those without the mental capacity to claim for themselves and in cases where the effects of the negligence were only discovered later. To find out more about how long you have to make a claim, just get in touch.

Every instance of clinical negligence is unique. That means it can be difficult to say exactly how long it will take to settle your medical negligence claim. Some cases will be concluded in months, while it may take years for more complicated claims to be settled.

If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claim timeline.

Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates and they will be there to support you through the process.

We understand that you might be worried about ending up in court. But this is a very unlikely scenario as most medical malpractice claims don’t end up in court.

If your claim does end up in court, your lawyers will make sure you are fully prepared, giving you the confidence to tell your story and make known what happened to you.

To help your solicitor put together the best possible case, you will need evidence. You can contribute some of this yourself, while your solicitor will obtain the rest. One of the most important pieces of evidence in a negligence claim is your medical history. Your records will reveal the treatment you had as a patient, as well as how your health was affected by the negligence. Your solicitor will get your medical records for you and review them in order to identify where the errors were made.

They will also typically arrange for you to attend a medical examination. This will be with an expert doctor, who will be able to assess any injuries or illness you have suffered. You can also provide photographs or video evidence of your injury, as well as a statement on how it has impacted your life.

Witness statements are also a key piece of evidence. Witnesses can include medical professionals, other patients or those close to you, who have seen how you have been affected. Aside from evidence, the best thing you can do to help your solicitor is to work with them. Make sure you are responding to any enquiries promptly and providing them with all the information you have. Your co-operation will allow them to present the best case possible.

O’Reilly Doherty Solicitors has experience in all forms of medical negligence claims. We realise that you and your family are going through a highly distressing time, so our compassionate and understanding claims advisors will do all they can to make it less stressful for you.

We are dedicated to helping people like you, who have been let down by the people they should have been able to trust. We have helped numerous amount of people get the justice and the compensation they were legally entitled to.

At O’Reilly Doherty Solicitors we have top medical negligence solicitors, who are dedicated to helping you right the wrongs that you’ve experienced. To find out more about how we could help you, just get in touch. Our advisors are here to talk you through your case and make sure you know what your options are.

All you have to do is give us a call, request a call back or start your claim online. You shouldn’t have to go through this on your own.

More Medical Negligence Resources

Have a read of some of the blogs we wrote to help you get a better understanding of medical negligence.

Request Call Back

    O’Reilly Doherty & Co Solicitors are a general solicitors practice located in Finglas Village having been established in the early 1980s.

    Contact Info

    O’Reilly Doherty & Co.
    6 Main Street, Finglas, Dublin 11.

    01 8344255

    Practice Areas
    Socials
    Go to Top