Medical Negligence*

Blake & Kenny LLP have many years’ experience in dealing with medical negligence* claims both locally and country wide.  We have acted on behalf of clients in relation to personal injuries arising out of negligence, consultants, GP’s, nurses, pharmacists, dentists, physiotherapists and a arrange of health care professionals. Whilst most health-care professionals will be insured against medical negligence compensation claims those that are not individually insured may be indemnified by their Insurers Insurance Policies.

In Ireland all claims for medical negligence are processed through the Court system and are not dealt with by the Injuries Board in the first instance as would be the case in Personal Injuries acquired as a result not of 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 health care professional or hospital such as, but not limited to, a failure to diagnose or a misdiagnosis or a delay in medical treatment and/or diagnosis.  Examples are listed below.

Health care 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 ie: the Claimant must be able to show that the injury was as a direct result of the alleged negligent mistreatment.

An award of damages in a claim of medical negligence as far as to put the Claimant back in the position they would have been in had the negligent accident taken place.  This is clearly not always possible and financial awards cannot always compensate but it is worth noting that many matters can be taken into account not alone the physical damage, but psychological damage, loss of pain, loss of past and possibly future income, cost of care into the future etc.

Claims of clinical negligence are particularly complex in nature and Blake & Kenny Solicitors, Galway have extensive experience in determining whether or not a claim of negligence exists, and if so, bringing a case to is successful conclusion on your behalf, and managing the medical negligence claim, to ensure, that you the Claimant have a stress free experience as possible.

If you have concerns that you have suffered injury, loss or damage as a result of clinical negligence our Solicitors at Blake & Kenny Solicitors, Galway will commence investigations to establish whether or not you have an actionable case.

As stated previously 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 or diagnosis or 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.

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