Listly by Patrick Smith
New articles and information about medical negligence claims in Ireland
It is exceptionally difficult to quote accurate statistics relating to work injury claims in Ireland, as data produced by the Health and Safety Authority (HAS) relies on incidents which are reported to them and there is no means of discerning which accidents and injuries are caused by employer negligence and which are just unavoidable accidents. Figures released by the Injuries Board would indicate that more than one thousand work injury claims are made in Ireland each year, but again, an accurate assessment of employer negligence in the workplace is hard to ascertain.
Inasmuch as it is clear that the number of fatal accidents has reduced in recent years, this could be as much due to the decline of traditionally hazardous industries – agriculture, fishing and construction – as it is to improvements in health and safety in the workplace. Similarly increases in the number of people taking four or more days off work through injury and illness could be attributed to a lower standard of maintenance due to tough economic circumstances, or the increased pressures of work resulting in a greater number of stress-related injuries.
To ensure that you receive fair and adequate compensation amounts in Ireland after being injured in an accident for which you were not to blame, call our Solicitors Advice Panel for helpful and practical advice without obligation.
If you have suffered an avoidable loss, injury or the deterioration of an existing condition as a direct result of hospital or medical treatment or care that you have received, this may be referred to variously as a ‘hospital negligence’ , ‘medical negligence’ a ‘medical accident’, an ‘adverse incident’, or a ‘patient safety incident’. Hospital negligence occurs when a patient is injured as a consequence of the negligence of a doctor or other medical professional.
Despite the fact that over eighty per cent of personal injury compensation claims in Ireland are settled out of court, there are some instances where high court personal injury cases are necessary – the most complex cases, medical negligence for example, or industrial disease claims, cases where there is questionable doubt over liability and cases where a settlement cannot be satisfactorily reached between all parties involved.
In some cases, high court action is the only rational next step when both parties have to take some responsibility for the injuries which were the result of an accident and the balance of proof as to who was “more” to blame comes into question.
A woman, who fractured her spine after falling out of bed, has successfully made a claim for a hospital fall injury at a hearing of the Circuit Civil Court.
Most medical negligence in Ireland happens in hospitals. This includes surgical errors, incorrect medications, infections, doctor errors, misdiagnosis, and more. GP medical negligence can include failure to diagnose fractures, misdiagnosis of illnesses, incorrect treatments, and more.
It has been calculated that more than half of all hospital medical negligence cases in Ireland originate from events that take place in an emergency room – most commonly for an incorrect diagnosis or a failure to act. Many of these medical negligence cases arise due to the inexperience of junior doctors (1) and the high pressure that hospital staff have to work under in busy casualty departments; but mistakes can also be made by ‘background’ staff such as radiologists, technicians and administrators.
Medical negligence can be any action by a doctor, nurse, surgeon, or member of the hospital staff which falls below an acceptable standard of care and which directly causes an injury to be sustained, a disease to be contracted, or the health of a patient to significantly deteriorate. Medical negligence can also involve a lack of action by medical professionals, such as a procedure which should have been completed but which was not arranged or an unnecessary delay to treatment. Whenever a doctor or medical professional fails in their duty of care to you as a patient, and your health suffers as a result, you may well be entitled to make a claim for medical negligence compensation.
Despite the best efforts of an under-resourced Irish Health Service, patients do sometimes suffer avoidable injuries due to medical negligence in Ireland. In certain circumstances, it is possible to make medical negligence claims to recover compensation for injuries you – or somebody close to you – have sustained; however claiming compensation for medical negligence in Ireland can often be extremely complex – especially when you may be still suffering from the negligent treatment you received.
Medical negligence can be any action by a doctor, nurse, surgeon, or member of the hospital staff which falls below an acceptable standard of care and which directly causes an injury to be sustained, a disease to be contracted, or the health of a patient to significantly deteriorate.
Despite the best efforts of an under-resourced Irish Health Service, patients do sometimes suffer avoidable injuries due to medical negligence in Ireland.
If you have suffered an avoidable loss, injury or the deterioration of an existing condition as a direct result of hospital or medical treatment or care that you have received....
For clear and practical information on high court personal injury cases, Freephone our injury claims service and speak with one of our experienced legal representatives.
In the High Court A letter of apology from the National Maternity Hospital (NMH) to Fionn Feely has been read out following the approval of a cerebral palsy compensation settlement of €18m for the young boy.
Unlike personal injury claims, the medical negligence claims process in Ireland are resolved by negotiation or dealt with by a court rather than assessed by the Injuries Board, and a claim for medical negligence compensation may follow the following process.
Speak with an Irish solicitor on our medical negligence claims helpline for an assessment of your case in complete confidence and without obligation.
Medical negligence is a term used to describe any “adverse incident” which is attributable to an error made by a medical practitioner or an agent of a medical facility.