We act for clients on personal injuries arising from the negligence of consultants, GPs, nurses, pharmacists, dentists, physiotherapists, and a range of healthcare professionals. Whilst most healthcare professionals will be insured against medical negligence compensation claims, those that are not individually insured may be indemnified by their insurer's policies.
How medical negligence claims are processed in Ireland
In Ireland, all claims for medical negligence are processed through the Court system; they are not dealt with by the Injuries Resolution Board in the first instance, as is the case for personal injuries that do not arise from medical negligence.
It is therefore extremely important to speak with an experienced solicitor if you feel there has been a breach of the duty of care by your healthcare professional or hospital, including but not limited to a failure to diagnose, a misdiagnosis, or a delay in medical treatment or diagnosis.
Proving a medical negligence claim
Healthcare professionals are not automatically negligent by reason of making a wrong decision. To prove a medical negligence compensation claim, it is necessary to prove that (a) a duty of care exists and (b) that the treatment provided did not achieve a reasonable standard of care.
The onus of proof rests with the person alleged to have suffered the injury. The Claimant must be able to prove a causal link between the breach of duty of care and the subsequent injury; in other words, the Claimant must be able to show that the injury was a direct result of the alleged negligent treatment.
Claims of clinical negligence are particularly complex in nature; Blake & Kenny Solicitors, Galway have extensive experience in determining whether a claim of negligence exists, and in bringing it to a successful conclusion.
Damages in a medical negligence claim
An award of damages in a claim of medical negligence aims, as far as possible, to put the Claimant back in the position they would have been in had the negligent act not taken place. This is clearly not always possible, and a financial award cannot always fully compensate, but many matters can be taken into account: physical damage, psychological damage, pain and suffering, loss of past and future income, and the cost of care into the future.
Claims of clinical negligence are particularly complex in nature, and Blake & Kenny Solicitors have extensive experience in determining whether a claim of negligence exists. If so, we bring the case to its successful conclusion on your behalf and manage the matter to ensure that you, the Claimant, have as stress-free an experience as possible.
Getting started
If you have concerns that you have suffered injury, loss, or damage as a result of clinical negligence, our solicitors will commence investigations to establish whether you have an actionable case.
There must be comprehensive evidential grounds before a claim for medical negligence can commence, and a claim cannot be initiated without first obtaining an expert Medical Report which confirms that the treatment, diagnosis, late diagnosis, or misdiagnosis was sub-standard. As claims for medical negligence can be both protracted and complex, it is important to seek expert legal advice immediately.
Frequently asked questions
Common questions about medical negligence.
- Does a medical negligence claim go through the Injuries Resolution Board?
- No. Medical negligence is the one category of personal-injury claim that does not go through the Injuries Resolution Board (formerly PIAB). All medical negligence claims are processed through the Court system from the outset.
- What do I need to prove?
- Two things: that a duty of care existed between you and the healthcare professional or institution, and that the treatment provided fell below a reasonable standard of care. You must also show a causal link between the breach and the injury you suffered.
- Do I need a medical report before starting a claim?
- Yes. A claim for medical negligence cannot be initiated without first obtaining an expert Medical Report confirming that the treatment, diagnosis, late diagnosis, or misdiagnosis was sub-standard. Early instruction allows us to commission that report and advise on whether you have an actionable case.
- How long do I have to bring a claim?
- The Statute of Limitations sets strict deadlines for personal injury claims, including medical negligence. The clock can be complicated where the injury or its cause was not immediately apparent. Take advice as early as possible to avoid limitation issues.
Tell us about your medical negligence matter
A direct callback, normally within one business day.
Our intake assistant takes your details in confidence. A solicitor at Blake & Kenny reviews every enquiry and decides who can best help.
- Confidential by default
- Free initial assessment
- Partner reviews every enquiry
Speak to a medical negligence solicitor.
Clinical negligence claims are complex and time-sensitive. Call (091) 564 340 or email info@blakeandkenny.ie for a confidential discussion of your concerns; we will commence investigations to establish whether you have an actionable case.
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