Medical Negligence Claims

Medical negligence claims arise when a medical practitioner fails to meet the standard of care expected of a professional in their position, resulting to injury and loss to the patient.

Medical negligence claims can be made against a whole range of medical practitioners, including general practitioners, specialists, surgeons, midwifes and nurses. Identifying who should be sued in a medical negligence claim is often a difficult part of the claim, as many professionals may have been involved in the care of the patient over time.

Consent

Medical negligence claims are quite difficult to make. One of the major issues in making a medical negligence claim is working out whether or not the resulting injury had been consented to by the patient. When patients agree to undergo medical procedures they acknowledge that there are risks to the procedure. They typically must sign a consent form to that effect.

However, not all types of risks are able to be consented to by the patient. A medical negligence solicitor will be able to work out the line between a risk that eventuated and an injury that occurred due to the negligent actions of the medical professional.

Another difficult aspect of a medical negligence claim is working out whether the injury resulted from the patient’s underlying medical condition.

Access to medical records

When making a medical negligence claim, or considering whether to make a claim, you will need to gain access to your medical records. Getting access to your medical records is not always straightforward. If you wish to obtain records from the public system you may be able to do so under the Data Protection Act 1988; the Data Protection (Amendment) Act 2003 or the Freedom of Information Acts. Alternatively, your medical negligence solicitor may be able to obtain the documents through the discovery process in court. If you wish to obtain your records from a private service provider, you will only be able to gain access by virtue of your contract with the medical service or by court order.

Time limit for making a medical negligence claim

It is important to commence your claim with enough time to prepare your case before the expiration of the Statute of Limitations. In Ireland, the limitation period for medical negligence claims is usually two years, although there are some exceptions. You should contact a medical negligence solicitor well in advance of the expiration of this two year period.

Contact Law is an established legal brokerage company, helping you find the right medical negligence solicitor in Ireland. Whatever your situation, call us on 1800 937 974 or fill in the web-form above and let our dedicated case handlers match you to the best medical negligence solicitor for your needs.

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