1 Upper New Street, Wicklow Town, Co Wicklow

0404 67540

info@dmburke.ie

What is Medical Negligence?

Medical negligence is a claim arising from any action by medical, hospital or clinic staff which directly causes injury or harm. It also covers a failure to take the right action (omission), which causes you injury or harm.

Medical Negligence is perhaps one of the most complex areas of litigation. It requires expert legal advice to ensure that you are properly advised on the merits of your case.

How Do You Prove Medical Negligence?

To be successful in a claim for medical negligence, you must be able to show that an actual injury, whether physical or psychological, was suffered. In Ireland, the test to determine whether a Medical Practitioner has acted negligently is the ‘reasonable man test’. It asks the question, ‘would a competent Medical Practitioner have acted in the same manner as the Defendant?’

Medical Negligence claims include, but are not limited to, the following:

  1. Error or delay in diagnosing an injury or illness;
  2. Incorrect or inappropriate treatment
  3. Neo-Natal Negligence
  4. Dental Negligence
  5. Surgical Errors
  6. Orthopaedic Negligence
  7. Cerebral Palsy Cases
  8. Cosmetic/Elective Surgery Negligence

How Long Do You Have to Make A Claim for Medical Negligence?

There are strict time limits for making a claim for negligence. Under general Personal Injury legislation, there is a 2-year statute of limitations on taking cases. Please note that this 2-year period only starts from the time that you know about the condition. This does not necessarily, therefore, mean 2 years from the time the negligent act occurred.

You need to exercise care in examining the precise date that you knew about your condition. So, it’s always important to obtain legal advice quickly if you think you have suffered such a injury.

However, there is an exception from the 2-year rule for those were under 18 when the negligent act took place. The 2-year period only starts in this case when the minor is 18 years old, becoming an adult in law.

Most importantly, if you believe you have suffered an injury, you should contact us straight away. Then we can ensure that your claim does not become barred due to time delays.

For enquiries about medical negligence, please call us on 0404 67540 or email: info@dmburke.ie


FROM OUR BLOG:
What can I do if I feel my child has been a victim of Medical Negligence?

No matter what age they are, if your child’s health is threatened by a serious or long-term condition -including birth defects – which affects their physical and mental health and abilities, then you are faced with a range of fears and uncertainties: Fears for your child’s future and for their long-term future care – particularly once you are no longer there; and uncertainties as to what you can do to cope with or manage this situation. If you feel that medical negligence is or may have been a factor in your child’s condition, then there are steps you should take sooner rather than later. Read more…

Birth defects and medical negligence – what are your rights?”

When your child is born with a birth defect you are faced with a range of fears and uncertainties: Fears for your child’s future and for their long-term future care – particularly once you are no longer there; and uncertainties as to what you can do to cope with or manage this situation. If you feel that medical negligence is or may have been a factor in your child’s birth …Read more…