What Is Medical Negligence?

Medical Negligence

Whilst medical treatment is usually performed to an adequate standard, errors and misjudgements do occur which may result in injuries that could have been prevented. Such errors and misjudgements can give rise to a legal claim for medical negligence in which you will be entitled to financial compensation calculated by reference to the extent to which your injuries and disabilities have impacted upon you, both in the past and into the future.

Necessity For Legal Expertise

Due to the legal and medical complexities of these types of claims, it is important that victims of medical accidents receive legal advice from experienced practitioners with proven expertise in this area.

A poor outcome from a medical procedure or a course of treatment does not necessarily indicate medical negligence as all forms of treatment carry risks and there will be instances where a known risk eventuates despite all reasonable care having been taken by your treating health professional.

On the other hand, injuries can occur due to inadequacies and failures by your healthcare providers and it will usually require thorough investigations, specialised knowledge, skill and determination to identify and prove those cases where a poor outcome is the result of medical mismanagement.

Ivor Fitzpatrick & Company Solicitors has an experienced and expert team of medical negligence lawyers. Our team is headed by David Harris who has practiced in medical negligence and healthcare law for over 25 years.

David has a unique body of experience and resulting skillset as a result of having practised extensively in healthcare law in both Australia and the United Kingdom before joining our Dublin based firm ten years ago. David leads our experienced medical negligence team comprising of solicitors who have each practiced with our Firm, primarily in this area of the law, for over 15 years.

Time Limitations

As there are strict time limits under the law in order to bring medical negligence claims, it is important that you seek legal advice as soon as possible so that the concerns regarding your care can be properly assessed and investigated.

It will often be necessary in order to make an initial assessment of your medical care to take a detailed statement from you and potentially other relevant family members, to obtain full copies of your medical records and x-rays and to seek reports from treating doctors.

In the event significant issues in respect of your care are identified, it will often be necessary to obtain independent expert opinion to establish whether the advice, diagnosis and/or treatment which was provided to you fell below the standard of care required by the law in the prevailing circumstances and whether any such failures or inadequacies caused injuries which otherwise would have been avoided.

Investigations

Where our investigations gather sufficient evidence to support a meritorious legal claim, we will fearlessly and thoroughly pursue your claim in order to secure adequate compensation.

In those cases where there is insufficient evidence to establish medical negligence, we will usually be able to obtain a detailed explanation of how your adverse outcome was caused.

We are committed to helping victims of medical accidents to be fully informed of the circumstances in which they have suffered harm whilst under the care of health professionals and, where appropriate, to ensure that health professionals and health institutions are held accountable for the power and influence which they have in their dealings with their patients.