MEDICAL NEGLIGENCE

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We are specialists in medical negligence claims, supporting people to claim compensation when they have been the victim of clinical failures.

Most medical treatment will be of a high standard but sometimes mistakes happen. Often you can recover from the harm this causes, but some mistakes can have serious, long-term consequences or even end in a fatality.
If you or a loved one has had medical treatment that you suspect fell below required standards we’re here to advise you, whether it was private or HSE care.
You may be entitled to compensation to help you deal with the impact. Bringing a claim can often be a way of not only making your own life more manageable but also putting a spotlight on what happened to help to ensure others do not suffer in the same way.

Stephen Walsh & Co Solicitors can
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WHAT IS MEDICAL NEGLIGENCE?

Most medical treatment will be of a high standard but sometimes mistakes happen. Often you can recover from the harm this causes, but some mistakes can have serious, long-term consequences or even end in a fatality.
If you or a loved one has had medical treatment that you suspect fell below required standards we’re here to advise you, whether it was private or HSE care.
You may be entitled to compensation to help you deal with the impact. Bringing a claim can often be a way of not only making your own life more manageable but also putting a spotlight on what happened to help to ensure others do not suffer in the same way.

HOW MUCH COMPENSATION WILL I RECEIVE FOR CLINICAL NEGLIGENCE?

Clinical negligence can result in a wide range of complications and injuries, both physical and emotional.
Damages in compensation claims consist of two elements – general damages and special damages. Total damages may amount to tens or hundreds of thousands of pounds or even more in cases where extreme harm has been done.
General damages are usually set according to tight guidelines, which limit the amount.
Special damages are often significantly more than the general damages element. The amount of special damages you will be awarded will partly depend on your solicitor. Your solicitor will need to assess and evidence all the things you need as a result of your injury in order to live as full a life as possible. This is why it is vital to have a specialist medical negligence solicitor who will consider all aspects of your current and future needs.

WHAT HAPPENS WHEN YOU MAKE A CLAIM FOR MEDICAL NEGLIGENCE?

When you make a claim, you will be referred to as the ‘claimant’, and the person you are claiming against is the ‘defendant’.
Once instructed, your solicitor will gather evidence to show that the defendant was responsible for your injury. This will include your medical records, witness statements from you and your family, and reports from expert medical witnesses. In the majority of cases, defendants will prepare their own evidence.
Most medical negligence claims don’t end in a full trial, and it is unlikely that you will have to give evidence in court. The legal procedure rules encourage people to resolve claims without going to court, and the claimant and the defendant can offer to settle the claim at any point in the process. The vast majority of claims will conclude like this.

IS THERE A TIME LIMIT IN WHICH TO MAKE A CLINICAL NEGLIGENCE CLAIMS IN IRELAND?

Usually medical negligence claims must be brought within two years of the date of the negligent act. However, there are exceptions to this rule. In some situations, the time limits are extended: this can apply to injuries to children or those without mental capacity, and injuries of which the victim was not aware until later.
To avoid running into problems with time limits, it is advisable to approach a solicitor as early as possible.

HOW LONG DOES IT TAKE TO RESOLVE A CLAIM FOR MEDICAL NEGLIGENCE?

Some smaller cases may be concluded in a matter of months, but more complex cases can take several years.
As a first step, it’s advisable to make a formal complaint to the people you think are responsible for your injury. A hospital will likely have a formal complaints procedure in place to clarify the process but, in all cases, complaints can be made in a formal letter explaining why you feel your treatment was negligent.
The response to a complaint can be a useful way of your solicitor finding out the potential defendant’s stance on your injury and, if you do go on to make a claim, the court will expect you to have made a complaint first.

Talk to one of our Solicitors today. Call us on 045 881193