Medical Negligence Claims*

Medical negligence is when you receive sub standard care by a medical professional in the HSE. 

If you believe you have received below standard medical care, you may be entitled to make a claim for compensation. 

Each medical negligence claim is different, so speak to a medical negligence solicitor for an assessment of your case.

The most common claims made against the HSE for negligence are as follows.

Your first step should be to discuss your case with an experienced medical negligence solicitor. At O’Reilly Doherty & Co. Solicitors, we understand the devastating impact that experiencing medical negligence can have on you and your loved ones and will discuss your experience with sensitivity and discretion.

Medical negligence cases are complex and your solicitor will have to establish that your illness and injuries are a result of negligence by gathering evidence.

For the care that you have received to be considered negligent there are certain conditions that must be met:

The medical professional treating you, for example a doctor, must have a duty of care towards you. You may have to prove a doctor patient relationship. For example, a receipt or a prescription from that doctor.

Your solicitor will also have to demonstrate that your illness or injury was as a result of the negligence of the medical professional involved and that an acceptable level of care would not have had the same outcome. Your solicitor will obtain your medical records and a medical expert review of your medical notes in order to establish if your care was negligent.

If the expert review suggests that negligence has occurred, your solicitor will advise you as to how your claim will proceed in order to secure your compensation.

The amount of compensation you receive will depend on the severity of your illness or injuries and their impact on your life now and in the future.

Any award of compensation that you receive will be composed of two elements:

The statute of limitations for a medical negligence claim is usually two years from the date of your injury occurred. 

However, as it can sometimes take a longer time for the effects of substandard medical treatment to become apparent, the ‘date of knowledge’ becomes the time where the time limit takes effect i.e. you have a two year time limit to make a claim from the date that you became aware that you have experienced medical negligence.

An adult who has experienced medical negligence can bring a claim on their own behalf.

However, a child under 18 cannot make a claim for medical negligence. In this instance, a parent or guardian can bring a claim on behalf of the child. Alternatively, a child then has two years from the date of their 18th birthday to bring a claim on their own behalf, even if the medical negligence occurred many years previously.

Where someone is deemed to be ‘under a disability’, which means lacking the capacity to make a claim on their own behalf, there is no statute of limitations.

Where the medical negligence has resulted in a fatal injury certain close relatives or dependents may be able to make a fatal injury claim:

It is important to note that one claim on behalf of all family members may be made in the event of a fatal injury claim.

At O’Reilly Doherty & Co. Solicitors, based in Finglas Village, we have extensive experience of all areas of law and particular expertise in the area of medical negligence.

Call us, email us, or fill in our online case assessment and we will contact you to carry out a full, free medical negligence claim review in complete confidence and with no obligation or hidden cost.