Medical negligence claims are a common occurrence in Ireland. This is likely due to the fact that the Irish healthcare system is not as developed as some of its European counterparts. Patients who have suffered as a result of medical negligence may file a claim for damages.
What is medical negligence?
Medical negligence is when a healthcare professional, such as a doctor or nurse, fails to provide an appropriate standard of care which results in injury or harm to the patient. This could be due to a mistake or omission on the part of the healthcare professional.
What are the grounds for a medical negligence claim?
There are a number of grounds on which a medical negligence claim can be based. These include:
- Breach of duty: This is when the healthcare professional has failed to meet the required standard of care.
- Negligence: This is when the healthcare professional has made a mistake which has caused injury or harm to the patient.
- Breach of contract: This is when the healthcare professional has failed to meet the terms of the contract which exists between the patient and healthcare professional.
- Misrepresentation: This is when the healthcare professional has made a false statement which has caused the patient to suffer injury or harm.
What are the damages that can be claimed in a medical negligence case?
The damages that can be claimed in a medical negligence case vary depending on the nature of the injury or harm suffered by the patient. Some of the most common damages that are claimed includes:
- Medical expenses: This includes the costs of treating the injury or illness that was caused by the medical negligence.
- Loss of income: This includes the wages that the patient would have earned if they had not been injured.
- Pain and suffering: This includes the physical and emotional pain and suffering that the patient has endured as a result of the medical negligence.
- Disability: This includes the costs of adapting your home or car to accommodate for a disability that was caused by the medical negligence.
- Funeral expenses: This includes the cost of funeral expenses if the patient died as a result of the medical negligence.
How do I make a medical negligence claim?
If you have suffered as a result of medical negligence, you may be wondering how to make a medical negligence claim. The first step is to contact with medical negligence solicitors in Dublin who will be able to advise you on the best course of action. The lawyer will need to gather evidence to support your claim and will represent you in court.
In conclusion, it is evident that medical negligence claims are on the rise in Ireland. This is likely due to a number of factors, including increased awareness of patients’ rights and the availability of legal aid. If you or a loved one has been the victim of medical negligence, it is important to seek legal advice as soon as possible from expert solicitors.
Susan Cosgrove is the principal at Cosgrove Gaynard Solicitors. Susan has over 20 years experience of practicing various areas of law including medical negligence negligence law. She graduated from Portobello major in LLB, Law.
She is a member of Law Society of Ireland.