Hospital Negligence Claims

What is Hospital Negligence?

Hospital negligence claims come under the wider umbrella of medical negligence but, as the name would indicate, this type of incident occurs in a particular location. Specifically, hospital negligence cases refer to any claim that can be traced back to a hospital.


This could take place in the emergency room, in the operating theatre or in any area of the building. As long as the incident occurs within the hospital complex, cases of this kind are treated separately as hospital negligence claims.


How to Prove Hospital Negligence?

In order to successfully pursue a hospital negligence lawsuit, there must be sufficient evidence for your solicitor to proceed. For this to happen, your appointed hospital medical claims solicitors will need to start building a case and certain information will be required. Typically, claimants would be asked to provide;


  • Medical Records
  • Supporting documentation which might include photographs or witness statements
  • A full statement from the claimant detailing the treatment provided by the hospital


Based on this information, it will be established whether there is a case. An experienced solicitor will know how to prove hospital negligence in Ireland and whether a successful claim is likely.


How to Claim for Hospital Negligence?

Making a claim for hospital negligence starts with contacting a solicitor who will assess the information provided in the previous section. This is just the beginning of what is, essentially a three part process. The steps to follow for claims against hospital negligence are as follows:


  1. Contact your chosen solicitor to seek initial legal advice regarding hospital negligence
  2. Provide full information and establish whether there is potential for a claim
  3. Provide statements and any supporting documents


In terms of how to claim for hospital negligence, this is the sequence. Your solicitor will then follow the claim through to its conclusion.


What are the most common types of Hospital Negligence Claims?

A hospital negligence claim in Ireland can arise from a number of different circumstances. The hospital setting is the key factor but, while this leaves a wide spectrum, the cases of hospital negligence in Ireland will typically include some of these more common conditions.


  • Hospital acquired infections
  • Birth Injuries
  • Injury or worsening conditions due to surgical negligence
  • Bed sores due to hospital negligence


When considering in what circumstances can a hospital be sued for negligence, that is a list of some of the more common cases. It isn’t, however, a comprehensive schedule and anyone who has suffered a form of injury or condition within a hospital setting is urged to get in touch with hospital negligence claims solicitors.


What are the Legal Time Limits for a Hospital Negligence Claim?

Those intending to pursue a hospital negligence claim in Ireland should be aware of potential time restrictions. In general, those suing a hospital for negligence have two years from the date of knowledge in order to submit a case.


The term ‘date of knowledge’ is a critical one here and it’s important to understand its definition in relation to hospital negligence claims. In certain instances, this term may refer to the date of the incident itself but this isn’t true in all hospital negligence cases.


Injuries and illness may not manifest until some time after the event so the legal definition regarding date of knowledge relates to a specific point when negligence was known to have occurred and that the subsequent injuries were significant.


If in doubt, potential claimants should get in touch with professional hospital negligence claims solicitors to discuss timings further.


How much Compensation can I get for Hospital Negligence?

Levels of compensation for hospital negligence will ultimately depend on a number of factors. Hospital negligence claims are treated on an individual basis and the sums involved will be specifically tailored to the nature of that claim along with identifiable costs that have been incurred.


Among the list of criteria that will determine compensation are the following:


  • Cost of medical treatment
  • Cost of any ongoing medical care if applicable
  • The nature and severity of the claim


At the very bottom of the financial scale are incidents where the injury or condition is mild and associated costs are negligible. For example, this list might include a broken bone or minor infection and hospital negligence claims of this nature might be settled for a few thousand Euros.


Sadly, a smaller proportion of hospital negligence claims in Ireland can result in life changing injuries and even death. Financial compensation in these instances reach the top end of the scale at somewhere in the region of 250,000 Euros.


From those two endpoints, it’s possible to work out a very rough average in relation to all types of hospital negligence claim. The nature of the injury is, however, just a starting point and there is the question of medical costs and possible ongoing care to add into the equation.


Therefore, for a more accurate indication it is advisable to contact a qualified solicitor who can discuss your own case in greater detail. 


Why Choose McGinley Solicitors?

Any form of hospital negligence claim in Ireland should not be undertaken alone. This is a complex area of the law and, as such, you should have professional and experienced hospital negligence solicitors on your side.


McGinley Solicitors was established in 1988 and we therefore have over 30 years experience in bringing claims of this kind to a successful conclusion. As hospital negligence lawyers, we have covered every type of case and can bring a flexible and empathetic approach to your own set of circumstances.


Following an initial discussion, we can take matters further and, as experienced solicitors, we will quickly be able to establish whether there is a case to answer. We can be flexible with next steps and with three offices situated across Dublin and Donegal, there are different options when it comes to client meetings.


To get things moving, please fill in our swift and simple online form or give us a call on 1890 998 969.

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