Medical negligence law in Ireland allows victims of medical negligence to claim compensation for any injuries or harm caused by the negligent actions or inaction of medical professionals. Medical negligence law in Ireland includes the misdiagnosis of an illness, a poor standard of medical care, surgical and medical errors, and any injuries which have been sustained by patients which could have been avoided with proper medical care.
If you want to find out if medical negligence law in Ireland will permit you to claim compensation for injuries sustained due to the negligent actions or inaction of a medical professional, you should speak to a specialist medical negligence solicitor for legal advice.
Criteria for Claiming Compensation Under Irish Medical Negligence Law
Under Irish medical negligence law, a claim for medical negligence compensation can only be filed if certain criteria are met. Medical negligence law in Ireland is a highly complex area of claims law, and as such a specialist medical negligence compensation solicitor should always be consulted to assess eligibility to make a claim.
In order to claim compensation, medical negligence law in Ireland states that the victim of a medical mistake must have sustained an injury, suffered a deterioration in an existing condition, or otherwise been caused harm as a direct result of the negligent actions or inaction of a medical professional.
It must also be proven that there was causation. This means that a claimant must be able to demonstrate that “on the balance of probabilities” the actions of a medical professional was negligent, and that another competent medical professional with the same status and standing would not have made the same mistake Effectively, by taking alternative action, harm to the patient could have been avoided.
Medical Negligence Law Restricts the Claim Period in Ireland
Medical negligence law in Ireland dictates that any compensation claim for medical negligence in Ireland must be initiated within two years of the ‘Date of Knowledge’ of an injury. When it comes to claiming compensation, medical negligence law is strict in this regard. Any claim which is not commenced within the correct legal time frame will be time-barred, and will not be allowed to proceed through the Irish court system.
Medical negligence law in Ireland is dictated by the Irish Statute of Limitations, and how medical negligence law is applied to the claims period can be highly complex. It is vital that an experienced medical negligence solicitor is consulted for advice about claiming compensation for medical negligence in Ireland as soon as a patient suspects that injuries have been caused due to the negligent actions of a doctor or medical professional.
Children and Medical Negligence Law in Ireland
Children are often the unwitting victims of medical negligence in Ireland; however medical negligence law states that children can neither instruct a solicitor nor make a claim for medical negligence compensation until they become a legal adult. This means that if children require medical negligence compensation to cover the cost of treatment, or to ensure that their injuries are properly taken care of, a claim for compensation will have to wait until their eighteenth birthday to be filed.
One of the caveats of medical negligence law in Ireland is that a claim for compensation for a child can be made before this date; however the medical negligence compensation claim would have to be made on the child’s behalf by an adult acting as a ‘next friend’ for the child. A compensation claim undertaken as a next friend would usually be pursued by a parent or legal guardian.
Free Advice on Medical Negligence Law in Ireland
Medical negligence law in Ireland can be highly complex, and most medical negligence victims will not have had the necessary legal training to be aware of how medical negligence law should be applied to an individual’s circumstances. If you suspect that you have suffered an injury which was due to medical negligence, you should seek advice from a specialised medical negligence solicitor with experience of making claims for medical negligence compensation in Ireland.
Since all medical negligence claims in Ireland must go through the Irish court system if not previously resolved by negotiation, legal representation from a solicitor is always required. It is in a claimant´s best interest to seek the involvement of a medical negligence solicitor familiar with Irish medical negligence law at the earliest possible opportunity after an injury has been sustained.
Our team of personal injury compensation solicitors are highly experienced in Irish medical negligence law, and can be consulted free of charge by calling our medical negligence claims helpline. Callers to our helpline will receive advice about medical negligence law in Ireland and how it applies to their individual circumstances.
For a free assessment of a medical negligence compensation claim, and for advice on the next steps you must take in order to claim compensation under Irish medical negligence law, please call us today on Freephone , or complete our call back form below and one of our solicitors will contact you at the requested time to discuss your case.