What is medical negligence?
In legal terms, medical negligence occurs when below standard care has been given to a patient by the medical profession. As a direct result of those actions, the patient in question has suffered a direct injury or their existing medical condition has worsened.
Before seeking medical negligence advice, be aware of that basic definition. If in any doubt, please get in touch and we can talk through individual circumstances and discuss what constitutes medical negligence as a direct comparison to your individual treatment.
How do I know if I have a medical negligence case?
Having established the legal definition, we now need to know how to prove a medical negligence claim. This is the crucial part of the process and it’s also the most complex so it’s where the claimant needs experienced medical negligence claim solicitors behind them.
In order to prove medical negligence in Ireland, certain information and documentation is required and this might include.
- Medical records
- A claim form with full information from the claimant
- Any other supporting documentation such as photographs etc
Based on the information provided, we will look to build a case on your behalf and, if we feel that the treatment received deserves greater scrutiny, we will progress that medical negligence claim from start to finish.
How to start a medical negligence claim?
The process is quite simple and, as long as you go through the correct channels, you’ll quickly know how to start a medical negligence claim.
Stage 1: Contact medical negligence lawyers with experience in this area
Stage 2: Discuss the circumstances and establish whether there is a case to be answered
Stage 3: Submit statements and supporting documents which allow your medical negligence solicitors to proceed further
Once all of that information and documentation has been collated, we can now look at the question of how long does a medical negligence claim take. This will depend on the nature and complexity of the case and the range can run from a few short weeks to several months. To speed things up, follow the above procedure to avoid any unnecessary delays.
What are the most common types of medical negligence claims?
There are a number of types of medical negligence and each one can affect different areas of an individual’s health. In the worst possible incidences, they can lead to death while many will have serious adverse effects on the patient for the rest of their life.
Among the most common medical negligence claims are those that arise out of:
- Pregnancy and birth injuries
- Incorrect prescriptions and/or direct medication
- Surgical accidents
- Negligent advice
- Medical misdiagnosis
If you’re looking to claim for medical negligence in Ireland, it’s likely that your circumstances will fall under one of those five categories. However, this isn’t intended to be an exhaustive list so, if there is any condition that comes outside of that schedule, you can still get in touch with us right away.
What are the legal time limits for a medical negligence claim?
If you’re looking to approach medical negligence solicitors to act on your behalf, you should be aware of any potential time restrictions. The question of how long you have to make a medical negligence case is answered quite specifically and, in Ireland, there is a two-year limit in place.
An important point to note is that the two-year time period refers to a ‘date of knowledge’ which may or may not be the same as the incident in question. In regards to medical negligence, the date of knowledge is a specific point in time where it was known that negligence had occurred and that the injuries that resulted were significant.
How much compensation can I get for medical negligence?
If you’ve reached this far then you’ll probably be asking how much can I claim for medical negligence and the answer may depend on a number of factors. These will typically include:
- The severity of the medical condition that relates to the claim
- Cost of medical bills
- Projected cost of ongoing medical care if applicable
All of these criteria will have an influence on the final sums involved. Each medical negligence claim is considered on its own merits but there are some average figures that can be analysed.
At the lower end of the payout scale, medical negligence leading to less serious issues may see claims settled for a few thousand Euros. However, for those asking how much compensation for medical negligence resulting in death, the figure can climb to 250,000 Euros and higher.
Average sums will, therefore, fall some way in between these two sets of numbers.
Why choose McGinley Solicitors?
Medical negligence can be among the most complex and distressing of any personal claims. Therefore, in order to achieve a satisfactory outcome, it’s advisable to appoint experienced and sympathetic medical negligence lawyers.
McGinley Solicitors began trading in 1988 and we have therefore been dealing with claims of this nature for over 30 years. That level of experience can prove invaluable in terms of achieving the best possible settlement figures and it can also make the difference between winning and losing a case.
We make it easy to get in touch and you can either call us on 1890 998 969 or you can complete a quick and simple online form. We can help you take your medical negligence claim a step further!
If you believe that your doctor misdiagnosed you or made a mistake when treating you, you may be entitled to claim.
If your eye surgery went wrong or an error has been made during an eye procedure, you could be entitled to compensation.
If you believe that your cosmetic surgery did not go as planned, the surgeon made a mistake or you were left with severe scarring, then you may be the victim of negligent treatment.
If you have suffered from errors made during birth or your doctor provided poor care during pregnancy, you may be entitled to pursue a claim.
If you suffered from a delayed or missed diagnosis, you may be entitled to claim. Due to the difficulty of the situation, you need an experience solicitor that can deal with cancer misdiagnosis claims.