Hospital negligence claims arise where medical professionals within a hospital fail in their duty to protect the health of patients. There are many forms of medical negligence and claims generally arise where the medical professional fails to diagnose the illness or makes incorrect decisions in relation to the illness.
In Ireland there is an increase in demand for beds and services in hospitals due to a number of factors one of which is an ageing population. Hospital negligence claims can arise where medical professionals are inexperienced and are not properly supervised, staff shortages and high stress levels. There are many types of hospital negligence including but not limited to;
- Failing to diagnose an illness/injury;
- Failing to provide the correct diagnosis in a timely manner;
- Failure to perform the correct procedures in a safe manner;
- Failure to interpret scans, test results, and x-rays;
- Failure to obtain informed consent where relevant from the patient;
- Failure to refer the patient to a specialist where the situation requires;
- Failure to maintain a hygienic environment leading to bed sores and other types of infection
- Failure to assess risks
It is possible for a patient to bring a claim for medical negligence where the standard of care received was below that expected of a competent health professional. You must also prove that the injury sustained was caused by the inadequate care and this is known as causation.
To make a claim you must firstly collate all of the patient’s medical records and then these will be sent to an independent medical expert who will revert with his opinion on whether or not there was negligence. In the event that there is negligence then proceedings can issue against the appropriate parties. In medical negligence cases the Statute of Limitations is two years from the date of the alleged negligence or two years from the date that the claimant knew or ought to have known there was negligence. It is imperative that proceedings be issued without delay to avoid falling foul of the Statute. In the event that you succeed in a claim for medical negligence you are entitled what are called General Damages and Special Damages. General Damages are the damages awarded for the pain and suffering resulting from the medical negligence. Special Damages are all the out of pocket expenses incurred by the claimant up to the date of the case and into the future. Depending on the case these can far exceed the claim for General Damages especially where there is a situation where the claimant may not be able to work in the future as a result of the injuries sustained from the medical negligence.
Why engage Tiernan & Company Solicitors to act on your behalf?
- We have successfully managed a wide variety of cases involving hospital negligence.
- We have over 30 years experience in medical negligence claims and over the years have formed relationships with the best legal experts throughout Northern Ireland and the UK.
- Your case will always be dealt with by an experienced solicitor specialising in medical negligence.
Our medical negligence team is headed by Mark Tiernan Solicitor, who has over 30 years’ experience in these matters.
If you require further information on making a claim due to hospital negligence please contact Mark Tiernan on 01 6622 822 or email mark@tiernansolicitors.ie in confidence.
