Medical Negligence

If you or a close family member have been harmed by medical malpractice, you may have a claim for medical negligence. Medical negligence is a term used to describe a case where a patient sustains a personal injury as a result of an error made by a medical practitioner or professional. A claim can be brought against a doctor, hospital, nurse, dentist, pharmacist or other health care professional.

The damages available in a medical negligence claim will depend on the outcome of the case. If a patient's life has been shortened due to medical negligence, the family can sue for loss of earnings and support that would have been provided during their lifetime as well as for any financial losses incurred as a result. The family may also be able to claim for funeral expenses, pain and suffering caused by bereavement and ongoing loss of companionship as well as future losses such as loss of inheritance or pension rights.

There are many different types of medical negligence claims including:

• Wrongful birth – where an unborn child suffers injury or death due to a failure to diagnose;

• Misdiagnosis – where an incorrect diagnosis is made which leads to further injury;

• Mastectomy – where women undergo unnecessary mastectomy surgery;

• Birth injuries – where harm is suffered during childbirth;

• Birth trauma – where harm is suffered through instrumental delivery;

The process of making a medical negligence claim comes down to proving four things:

• That you have been injured as a result of an error made by a medical practitioner

• That your treatment fell below the standard

• That your injuries could have been avoided if the care had been better

• That you have been injured as a result of this substandard care

The statute of limitations for a medical negligence claim in Ireland is two years less a day from the date that an injury is known to have been sustained. Unlike personal injury claims, medical negligence cases are not assessed by the PIAB and will require a solicitor to issue legal proceedings if you wish to proceed with a claim.

Frank Buttimer & Company must request your medical records before issuing proceedings and will also need to consult a third-party medical expert to help to determine whether medical malpractice was the cause of your injury.

Our medical negligence solicitors understand how difficult it can be to begin the claims process following an injury that has seriously impacted your quality of life or of a loved one. We work closely with every client to ensure their case is dealt with in an efficient and discreet manner.