Medical Mishaps
Helen Coughlan runs our litigation department.
The first question we need to ask ourselves is “What is medical negligence?”
Medical negligence is in essence a complex personal injury action which occurs when a health care professional (be it a doctor, nurse, dentist, optician, midwife) has failed to act in accordance with a practice accepted in Ireland as proper.
We understand that going through the process of taking a medical negligence claim can be daunting. We know that you have already been through traumatic and difficult times. You need someone to listen to you, to advise you and to support you through the claims process. We are here to help you.
We listen to your story. We obtain your medical files and professionally examine the details. We obtain an expert medical opinion to see if you have a claim. We will advise and assist you in deciding what the best course of action is.
If you, a family member or friend has been the victim of a poor standard of medical care, then you may be entitled to claim compensation for medical negligence.
However, in order to succeed in a medical negligence action, you must prove the following;
1. That the health care professional owed a duty of care to you.
2. That there was failure in their duty as a professional.
3. That you suffered loss or damage as a result of this failure.
4. That there was a “causal connection”between the failures of the health care professional and the loss or damages suffered.
The test for you to prove is “BUT FOR”the health care professionals’ negligence in their diagnosis or treatment, you would not have suffered the injury complained of.
Medical negligence claims cover everything from a minor complaint such as a dentist pulling a healthy tooth which led to extended pain and unnecessary expense to far more serious issues where long term health has been compromised or the breach of care by a medical practitioner has resulted in a fatality. Each case is unique and compensation awards vary accordingly. Awards for medical negligence claims are based on the physical and psychological trauma you may have suffered, together with compensation for any out of pocket expenses that are directly associated with the injuries sustained due to medical negligence.
If you have contributed to the injury through your own negligence, for example by not completing a prescribed course of treatment or not attending pre-arranged appointments, this will be taken into consideration when compensation for a medical negligence claim is decided. Your previous medical records are also examined to see if you have a history of a similar injury. This will reveal whether the medical negligence was the primary cause of your injury or whether it aggravated an existing condition.
Here are some of the examples in which we can help bring a case on your behalf;
1. Birth Defects
2. Gynecological injury during childbirth
3. Cosmetic/Plastic surgery errors
4. Cerebral Palsy
5. Cancer misdiagnosis
6. Medication errors
7. Surgical errors
8. Clinical negligence
9. Hospital acquired infections
10. Dentistry malpractice.
It is important to note that there may be a limitation period in which you can bring a medical negligence action and therefore you should contact us immediately if you have been a victim of a poor standard of care.
Contact:
If we can help you in relation to any of the above, please do not hesitate to contact Helen Coughlan at helen.coughlan@pjf.ie or 045 431 542
Testimonials
"I have always found the service provided by your firm to be highly professional and first class. Attention to detail and advice given is always 'spot on'. No complaints whatsoever. It is always a pleasure to deal with your company."
- Liam Doherty
I am really pleased to recommend Niall Farrell. Working on behalf of the Sisters of Mercy during the past four years I have found Niall to be efficient, solution orientated and very accurate in dealing with some extremely complicated title to property. His availability to us as clients, despite a busy practice, both pleases and amazes me.
- Sr. Anne Doyle
"The service was very good. Whenever I had a query it was dealt with promptly. It was great that most of it could be done via email as it's not always easy to go to the office in person."
How likely on a scale of one to ten would you be to recommend us to others? "10."
-Margaret McLoughlin, conveyancing client.
"I have never interacted with a Solicitor who has demonstrated such dedication to duty above and beyond what could have been expected. Helen is an exceptional ambassador for your company, a real lady who dealt with my complicated legal issues in a manner that has forever enhanced my perception of the legal profession."
- Family Law Client
