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Common Questions of Medical Negligence

By May 28, 2021 October 19th, 2021 No Comments

What is medical negligence?

Throughout our lives, most of us will require medical care at some point or another. For the most part, treatments run smoothly and you come out at the other end fighting fit and healthy. However, what happens if something goes wrong? If you have suffered an injury due to medical negligence, but there is no need to suffer in silence. Here’s our guide to what medical negligence is and what you can do about it.

What qualifies as medical negligence?

In a nutshell, Medical negligence is classed as substandard care provided to a patient by a medical professional. There are a variety of occurrences that qualify as medical negligence, so it can seem confusing to understand at first. The most common causes of medical negligence are delayed or misdiagnosis, incorrect treatment, or mistakes during surgery. Speaking to an experienced medical negligence law firm will help you determine whether or not you have a case.

How can I prove medical negligence?

On occasion, a medical practitioner may open up and admit to a mistake to you. However, this is unfortunately not the norm and so a case of medical negligence has to be proved. In this regard evidence is key. We always advise clients that they should keep a detailed diary of matters in terms of advice and explanations provided to them by their medical practitioners but also a diary of their injury, how it progresses or how they recover, expenses incurred in terms of medication, further treatment, etc. Furthermore, we would strongly recommend photographs or videos to physically show an injury.  When you appoint a solicitor to take a medical negligence claim for you, they will also apply to obtain a full copy of your medical records which will be important in establishing details of the treatment provided.

Can I make a claim against a medical practitioner for medical negligence?

Yes, it is possible to make a claim for compensation for medical negligence. Medical negligence is a serious issue that can either impact your health or cause additional injury. If this leaves you unable to work and out of pocket, it is important that you get the required compensation to help pay the bills but also to compensate you for your injury.

If you wish to make a medical negligence claim, there is a two-year time limit in which you can do so. It’s important to be aware that this two-year marker starts from the point at which you are made aware of negligence, not the date of the incident although often the dates are one and the same. If you are claiming on behalf of a child under 18, or someone with diminished mental capacity, the time limit is extended.

If you are unsure as to whether your medical negligence claim is out of time and now statute-barred, contact our solicitors in Dublin to discuss the matter. We will be happy to review it for you.

Will a medical negligence claim affect any ongoing treatment?

It is highly unlikely that your medical negligence claim will affect your ongoing treatment. Medical professionals are hard workers who are committed to helping patients, so good practitioners would never let anything come in between them and their duty of care.

That said if there has been negligence, often this can result in the loss of trust by a patient who may decide to seek treatment elsewhere from a new practitioner.

If you have experienced medical negligence, it’s important to get both the healthcare and monetary compensation you need to get back to health and normal life. Remember, you are not alone and there is plenty of help out there to get you through this trying time. Just consult with an expert and he or she will guide you all the way.

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