Medical Negligence Claims*

In recent years, increased legal regulation and accountability for medical care in Ireland has made it necessary to ensure that compensation should be provided for the failure to diagnose symptoms where a personal injury has arisen from negligent care by a medical practitioner.

Under Irish law, for a claim in medical negligence* to arise, the injury that occured must have happen from the negligence of someone who had a duty of care towards the person at the time of, and, in the circumstances of the accident. The person bringing the claim will need to show that a Medical Practitioner acted negligently in his or her treatment of a patient and that as a result of this negligence, the injured party suffered either physical or psychological harm as a consequence.

Some examples of clinical negligence include a misdiagnosis or delay in diagnosis of illness or injury, failure to act on test results, error in performance of a procedure or operation, error in administering treatment or administering drugs, inadequate post- operative care and a failure to communicate the risks associated with the procedure.

The value of the compensation is likely to be assessed on the level of injury caused and the permanency and persistence of the injury. At Healy O’Connor, we will review your case and look at your hospital records in order to assess whether the hospital breached its duty of care and advise you if your injuries are the result of negligence or incompetence.

We will provide you with practical legal advice as to whether you are likely to be successful in bringing a personal injuries claim. We understand the issues that may be concerning individuals, and after initial meetings or telephone calls, will leave clients free to decide how they wish to proceed.

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