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Medical Accidents

Medical accidents do happen and when they do they may result in injury or loss to you. You may be entitled to make a personal injury claim for the damage caused and the loss incurred against the medical personnel, Hospital or medical centre at fault.

Medical personnel can include doctors, nurses midwives, laboratory assistants, radiologists, dentists, physiotherapists, psychiatrists, pharmacists, occupational therapists and other medical or medical administrative staff who may be involved in the management of your care.

In order to make a medical negligence claim you must show “on the balance of probabilities” that the treatment you received was carried out in a negligent manner by the medical personnel or Hospital involved in your treatment.

In other words the treatment provided by the medical personnel fell below the normal  standard of care and professional expertise and this breach directly caused or contributed to your injury.

The examples of the type of medical negligence for which you may be entitled to obtain compensation would include but is not limited to the following examples.

  • Misdiagnosing an illness or an injury.
  • Giving the wrong treatment
  • Failing to diagnose an illness or an injury
  • Failure to act on test results
  • Administration of wrong medication
  • Giving the wrong dosage of medication
  • Errors made during surgery
  • Errors during childbirth
  • Failure to follow up care or treatment
  • Failure to communicate all of the risks associated with procedures to patients before surgery.
  • Using defective medical products which have a known risk

If it is established that you are entitled to compensation you can seek damages for the pain and suffering and expenses.

Examples of the expenses you can claim for and which may be ongoing are:

  1. Loss of earnings to the date of the injury and any ongoing loss of earnings.
  2. Any corrective medical procedures
  3. Any appliances which may be required into the future
  4. Medical treatment.
  5. Home care.

It is often difficult to prove that a medical accident has taken place which has led to an injury occurring as a result of a failure on the part of the medical personnel or hospital. It is necessary to obtain all of the information to analyse the facts surrounding the event.

This involves obtaining your full medical records and past history.

Often investigations take place some time after the event particularly in cases relating to birth injuries.

In Ireland you have two years in which to take an action in a medical negligence case.  There are some exceptions to this rule which involve children or cases involving injuries at birth.  However, each case is different and it is essential that you contact us to obtain advice as soon as possible after the accident has taken place.

If you do not take your case within the two year period you may be prevented by statute from seeking compensation to which you may have been entitled.

If you would like to find out if you are entitled to make such a claim you can contact us by filling out our online enquiry form or telephone us on our free phone number 1800 343404.

Irish solicitors may not calculate fees or other charges in contentious business as a percentage or proportion of any award or settlement nor is it our practice to do so.