Medical Negligence

Conor McLaughlin & Associates can help you with your Medical Negligence claim. Medical Negligence* is a term used to describe a set of circumstances where a party sustains an injury as a result of an error made by a medical practitioner such as a Doctor or Dentist. While it is true to say that most medical professionals are competent and carry out many successful operations on a daily basis, errors do occur. Our Medical Negligence solicitors are here to make the process easier for you.

Introduction

Medical negligence has been affected by recent legal regulation making it a complex topic of Irish law. Proving the negligence of a medical practitioner is vital. Therefore, speaking to one of our Medical Negligence Solicitors is important so that all the necessary steps are taken. Our Medical Negligence Solicitors understand the upset and impact to both your private and professional life that suffering an injury causes and are here to help you through that experience. Our Medical Negligence Solicitors will assist you in making a claim for compensation. While compensation may not totally undo the damage caused it will go some way to ease your financial & physical losses and emotional distress.  If it is proved that a Medical Practitioner acted in a negligent manner and failed to show a reasonable level of care, then they may found liable. Examples of negligence may include failing to carry out proper assessment, mistakes during surgery, incorrect test results, substandard care during and after the surgery, anaesthesia mistakes and misdiagnosis of an illness.

Contact us via the contact form or call us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for help on making a medical negligence claim.

Statute of Limitations

The legal time limit or statute of limitations for a Medical Negligence is 2 years from (i) the date of the injury, or (ii) the date of knowledge of the injury. The date of knowledge of the injury is significant in that in some cases an injured party may not realise they are injured until after the injury has occurred. It is important to note that your case may not be brought forward after this period.

Legal Services Offered:

• Dentist Negligence;
• Pharmacy Negligence;
• Misdiagnosis;
• Medical Negligence concerning Males;
• Medical Negligence concerning Females;
• Cosmetic Negligence; and
• Negligence in Hospitals.

Dentist Negligence

Dentists are recognised as Medical Practitioners by virtue of the Medical Practitioners Act 2017. Dentists are obliged to practice to the highest standards. A claim against a Dentist may arise when a person suffers an injury to their teeth as a result of negligence or malpractice on the part of the Dentist. Please note that if you have suffered an injury it is imperative that you contact our Medical Negligence Solicitors as soon as possible in order to advance your claim.

If you have suffered an injury as a result of dental malpractice contact us by calling +353 (0)71 984 1322 or +353 (0)1 255 24882 for more information.

Pharmacy Negligence

In many cases General Practitioners will prescribe a patient the relevant medication in order to bring a certain condition under control or to cure an illness.

It is a normal process to visit your GP during a time of sickness where you are prescribed a certain medication to fight illness. Prescription errors can occur in terms of the correct medicine or the correct dosage. These errors can lead to severe consequences and side effects. If it is the case that you or a loved one were prescribed the wrong dosage or wrong medication you may be able to pursue a claim against a Pharmacy.

Misdiagnosis

As a patient you normally have a deep trust in the expertise of your Doctor to deliver the correct diagnosis. Despite this there are instances where a doctor may give a misdiagnosis or perhaps negligently delay the diagnosis leading to complications. If a diagnosis is delayed, then this may have an impact on the effectiveness of treatments which could result in needless pain and suffering, prolonged illness and perhaps a complete failure of recovery. Where the above has occurred a patient may be entitled to pursue a claim for medical negligence or malpractice.

Contact us via the contact form or phone +353 (0)71 984 1322 or +353 (0)1 255 24882 for help on making a claim for misdiagnosis.

Medical Negligence concerning Males – Testicular Torsion

Cases of Testicular Torsion can occur in infants in the womb or in teenagers. It is a medical emergency and involves the restriction of the supply of blood to the testicles. It may also occur as a result of strain. The effect is that the flow of blood is restricted to the testicles potentially resulting in the loss of the testicle. Testicular torsion is incredibly painful and is sudden. It is imperative that testicular torsion is treated immediately.

Medical Negligence concerning Females

Gynaecological Injury

Gynaecological injury claims may result when surgeries such as hysterectomy, embolization, laparoscopic sterilisation, perineal/vaginal tear, or an oophorectomy results in complications. Parties may have a medical negligence claim in instances where there is a reduced chance of recovery, pain and suffering, prolonged illness, damage and injury to organs, incontinence or infertility. It is imperative that Gynaecological injury is treated immediately.

Vaginal Injury

A vaginal laceration injury claim is a wound in the tissues of the vagina.  A vaginal laceration is a tear affecting muscles that surrounds the anal canal. Vaginal laceration may be sustained during an array of procedures such as Hysterectomy, Birth or Oophorectomy. It is imperative that Vaginal injury is treated immediately.

Cosmetic Negligence

Cosmetic and Plastic Surgery has become very popular in Ireland amongst men and women over recent years. Cosmetic surgery like all surgery is not to be taken likely, in particular when it comes to the changes of one’s appearance. In some cases, Cosmetic Surgery may be necessary to correct a damaged part of the body through reconstructive surgery. In other cases, it may have a benefit to one’s self-confidence. Regardless of the motives behind cosmetic surgery a party should not have to worry about medical negligence.

It should be noted that plastic surgeons are considered specialists, while any doctor in Ireland may call themselves a cosmetic surgeon. It is highly advisable that before choosing a cosmetic or plastic surgeon you check with the Medical Council of Ireland to see if they are a registered specialist.

Rhinoplasty (Nose Job)

Rhinoplasty is a very common type of surgery in Ireland. Rhinoplasty is more colloquially referred to as a nose job. Rhinoplasty has a very broad definition and may involve a number of procedures ranging from facilitating breathing through the nose to reconstruction of the nose. Other reasons may be a broken nose sustained in a sporting context, injury to the face, uneven bridge of the nose or correction of previous surgery. Despite the fact that these types of surgery are common errors, may occur and lead to personal injury.

It is important to contact our Medical Negligence Solicitors so that the proper defendant may be identified such as a particular Plastic or Cosmetic surgeon or in fact the whole medical team.

Cosmetic surgery should only be completed by a fully qualified and trained professional who is aware of the potential risks associated with the surgery and is in a position to explain same in full. Some injuries are sustained as a result of untrained Plastic or Cosmetic surgeon completing the surgery as they may not have the correct training, or a full appreciation of the srisks involved.

Blepharoplasty (Eyelid Surgery)

Blepharoplasty is a very common type of surgery in Ireland. Blepharoplasty is more commonly referred to as eyelid surgery. In general, this is quite an invasive procedure and is generally carried out to remove excess skin from around the eye. This procedure may be carried out on the upper and lower lids or to restore previously lost functionality to the eyelid. Again, this surgery may be complicated and should only be carried out by fully qualified and trained professionals who are aware of the potential risks associated with the surgery and in a position to explain same to you in full. Some injuries are sustained as a result of untrained Plastic or Cosmetic surgeons completing the surgery as they may not have the correct training, or a full appreciation of the risks involved.

Contact us via our contact form or phone us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for help on making a medical negligence claim*.

Negligence in Hospitals

Hospital Negligence

Hospital negligence claims are a form of Medical negligence.  In many cases errors occur in the emergency room. Examples of medical negligence are failure to diagnose an illness and making incorrect decisions. Negligence may arise with inexperienced surgeons, errors due to stress levels or lack of necessary resources. Apart from surgeons, medical negligence may occur as a result of the negligence of Radiologists, Technicians and administrators.

Cerebral Palsy

Muscle tone movement, and motor skills are affected by Cerebral Palsy which is a long-lasting disorder without cure. Motor skills are the ability to move in a coordinated way. It is one of the most common disorders existing before birth. It affects speech, vision and hearing along with learning disabilities.

Birth Injury

From a mother’s point of view as well as that of the medical staff in the delivery room, delivering a healthy baby is the most important aspect of childbirth. Unfortunately, accidents can happen such as mismanagement of pregnancy or delivery or aftercare on the part of the medical staff which leads to an injury to the new-born or the mother.

Erb’s Palsy Disorder

Erb’s palsy is an injury that occurs when the nerves in a baby’s upper arm are damaged during birth. Erb’s palsy is a disorder where nerves that affect the feeling to the baby’s arm, hand and fingers are damaged.

Forceps Injury

From a mother’s point of view as well as that of the medical staff in the delivery room, delivering a healthy baby is the most important aspect of childbirth. Unfortunately, accidents can happen such as the misuse of birth assisting tools such as forceps leading to injury to the new-born or the mother.

General Surgery

General surgery may be carried out as a result of an emergency or an elective procedure. While it is clear that doctors performing surgery will do their utmost to ensure that the surgery is a success and is carried out as planned accidents do occur resulting in injury or fatality.

Misplaced Surgical Instruments

When medical staff inadvertently leave behind a surgical instrument in the patient’s body following a surgery this is known as a misplaced surgical instrument claims. Misplaced Surgical Instrument Claims are defined as ‘never events’ and can cause serious injury to the patient and are also considered to be medical negligence.

Wrong Site Injury

Wrong site injury arises when a surgeon performs an operation on the wrong part of the body. Wrong Site error are classed as ‘never events’ and can cause serious injury to the patient and are also considered to be medical negligence.

Our 3-stage process

1. Consultation

A consultation with our Medical Negligence Solicitors will help them to understand the nature of the injury, the causes of same and the likely Defendants and allow them to strategize the best path forward for you.

2. Review

Our Medical Negligence Solicitors will require copies of all relevant documentation in order to fully consider your injury. This may involve a Data Access Request under the General Data Protection Regulation. The Medical Report is considered to be the most important in terms of proving the injuries sustained. A Medical report may involve a report from a General Practitioner, Specialist or a Psychologist depending on the type of injury sustained.

3. Proceedings

At this point our Medical Negligence Solicitors will brief a Barrister so that the necessary proceedings can be prepared and served on the correct Defendants. It is important to note that a large number of Medical Negligence cases settle outside of court.

Get in touch today through our contact form or call us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for help on making a medical negligence claim*.

*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement.