Claims for hospital medical negligence in Ireland can be highly complex, as they require it proven that a particular doctor or member of the hospital staff has been negligent. While there are many cases where hospital medical negligence in Ireland appears to be clear cut at first glance – such as a failed diagnosis of cancer for instance – even these can be highly complicated to prove. Proving that the actions of a doctor or medical professional were inappropriate under the circumstances at the time, or that standards had been allowed to lapse, requires the experience and skill of an expert hospital medical negligence solicitor. A solicitor will help to gather evidence of hospital medical negligence in Ireland, and will arrange the testimony of medical experts to demonstrate that no competent doctor would have made the same mistake under the same circumstances, and that hospital medical negligence has occurred.

What is Hospital Medical Negligence?

Hospital medical negligence claims for compensation are highly varied, and no two cases are exactly the same. Compensation claims for hospital medical negligence in Ireland can include a failure to accurately diagnose a medical condition, surgical errors, failures in medical procedures, wrong site surgery and birth injuries sustained to new born babies or mothers. In fact, any medical mistake or procedural error may be due to hospital medical negligence. If you believe that a doctor or member of hospital staff has acted inappropriately, and you have been injured as a direct result, you could be eligible to make a compensation claim for hospital medical negligence.

Hospital medical negligence can only be claimed against the hospital if the doctor is an employee of the hospital; however many hospital doctors are independent contractors. While it is still possible to claim compensation in such cases if medical negligence has occurred, it may be the doctor’s insurance company who is liable to pay compensation, and not the insurance company of the hospital. As such, you should always seek the advice of a hospital medical negligence solicitor to help determine against whom a hospital medical negligence claim should be made.

Examples of Hospital Medical Negligence in Ireland Include:

• Accident and Emergency room errors
• Misdiagnosis of diseases such as cancer
• Surgical errors
• Incorrect medical procedures
• Amputation of incorrect body parts
• Birth injuries such as Erb’s Palsy and Cerebral Palsy
• Botched cosmetic surgery
• Unacceptable delays to vital medical procedures
• Failure to perform a medical procedure
• Anaesthesia errors
• Prescription and medication errors
• Wrongful death

Am I Eligible to Claim Compensation for Hospital Medical Negligence in Ireland?

In order to be able to claim compensation for hospital medical negligence in Ireland, you must have suffered an injury – either physical or psychological – which has been caused by an error made by a hospital doctor, nurse, or other member of the hospital staff. With hospital medical negligence claims it is not necessary to prove that the injury is attributable to negligence beyond all shadow of doubt, but that ‘on the balance of probabilities’ any reasonably competent doctor or member of staff would not have made the same errors under the circumstances.

If you think that you have been the victim of hospital medical negligence in Ireland, you must seek the advice of an experienced hospital medical negligence solicitor for an assessment of your eligibility to make a claim for hospital medical negligence compensation.

Claiming Compensation for Hospital Medical Negligence in Ireland

In contrast to many personal injury compensation claims, hospital medical negligence claims for compensation can be highly complex and long winded. Claims for hospital medical negligence compensation may take many months, or even years to be resolved. It has to be established that there has been hospital medical negligence, and while a hospital medical negligence compensation solicitor would be able to assess this, in order for a claim to be won, evidence of negligence needs to be collected.

This is usually in the form of expert medical testimonies from doctors and surgeons who will substantiate your claim by determining that your injuries have been caused by an incorrect procedure or error, that this error caused your health to deteriorate, and that any deterioration in your health would not have happened if a mistake had not been made.

Get Expert Legal Advice on Hospital Medical Negligence Claims in Ireland

Call our Freephone helpline today for advice about your eligibility to make a claim for hospital medical negligence in Ireland, and take the first step towards receiving your full entitlement to compensation for the injuries you have sustained. All calls to our Freephone helpline are treated in the strictest confidence, and you will be given accurate and up to the minute advice on claiming compensation for your pain and suffering.

Talk to us now, by calling our Freephone line or fill in our call back form on the left and we will call you back at a convenient time for you.

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Hospital Medical Negligence and the Injuries Board Ireland

In Ireland, hospital medical negligence claims are always dealt with through the court system, although in many cases a hospital medical negligence out of court settlement can be reached between the hospital’s insurance company and your solicitor. While personal injury compensation claims always involve the Injuries Board Ireland, hospital medical negligence claims do not. As such, you must engage the services of a solicitor if you plan to claim compensation for hospital medical negligence in Ireland.

Not only will an experienced hospital medical negligence compensation solicitor be familiar with the procedures which need to be followed but, in the absence of an assessment from the Injuries Board Ireland, a solicitor will be able to calculate your full entitlement to hospital medical negligence compensation. Solicitors are also used to dealing with third party insurance companies, and will be aware of the tactics that are often employed to reduce hospital medical negligence compensation payments. Using an experienced hospital medical negligence solicitor will help you to receive your full entitlement to compensation, and will ensure the claims process runs as smoothly as possible.

Hospital Medical Negligence Compensation Claims for Children

Hospital medical negligence compensation awards can be vital for victims of medical errors, as the consequences to future health are often grave. When hospital medical negligence in Ireland causes an injury to a child, it may be necessary to pay for a lifetime of care. Errors can shorten the lifespan, cause future health problems, and can seriously affect the quality of life of a child. As such, compensation claims for hospital medical negligence in Ireland for children can involve high compensation settlements and, as a result, are often rigorously defended by a respondent’s insurance company.

Claiming compensation for hospital medical negligence for children is usually best completed on the child’s behalf by a parent or legal guardian. Children are unable to instruct a solicitor, or even make a claim for compensation in Ireland until their eighteenth birthday, when they become a legal adult. Delaying a hospital medical negligence claim until this date is often unwise.

When a parent or guardian wishes to claim hospital medical negligence compensation for a child, they do so as a ‘next friend’. They must accept financial responsibility for making a hospital medical negligence claim, and must prove to the Irish courts that they are responsible, that there is no conflict of interest, and that they are able to act in the child’s best interests. A successful hospital medical negligence claim will see compensation awarded to the child and not to the family or ‘next friend’. This will be held by the Irish courts until the child’s eighteenth birthday, when the funds will be released. Interim payments – to cover legitimate expenses and treatment costs – may be released early on petition to the Irish courts.

Hospital Medical Negligence and the Statute of Limitations in Ireland

Hospital medical negligence claims are governed by the Irish statute of limitations, which places a strict timescale on making a claim for hospital medical negligence compensation. In Ireland, the statute of limitations allows a window of just 2 years in order to initiate a claim. This time period starts from the ‘Date of Knowledge’ of hospital medical negligence, and not necessarily from the date that hospital medical negligence occurred.

Since it can take some time to prepare a claim for hospital medical negligence compensation before it can be filed, it is vital that a medical negligence compensation solicitor is consulted for advice at the earliest opportunity. This will ensure that a claim for compensation will not be time barred.

Contacting a Hospital Medical Negligence Compensation Solicitor

A solicitor must be used to make a claim for hospital medical negligence compensation in Ireland, and it is imperative that contact is made at the earliest possible opportunity. Contacting a hospital medical negligence solicitor is not the same as initiating a hospital medical negligence claim, but it will ensure that you get all the information you need in order to do so. The decision to make a hospital medical negligence claim for compensation can only be made when you have all the facts, and when you are aware of the procedures that need to be followed. You will also need to be 100% certain that you are eligible to claim, and must be aware of the costs of taking legal action in Ireland before you commence legal action to recover compensation.

To make the process of claiming compensation for hospital medical negligence in Ireland as easy as possible, we offer a free helpline to allow you to get your questions answered, as well as get a free assessment of your eligibility to make a claim.

Talk to us today or take advantage of our call back service by completing the contact form below.

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