Personal Archives - Sweeney Solicitors

Sweeney Solicitors – Medical Negligence Specialists

If you suffer from an injury or disease which you have developed as a result of the poor treatment or misdiagnosis by medical or dental professionals, you may be entitled to claim compensation.

This is referred to as medical negligence, though sometimes it is called medical malpractice or clinical negligence. It occurs when substandard care is given to a patient, either by action or failure to act, that either worsens their current condition or causes additional injury to them.

Usually, these injuries are avoidable because the medical practitioner should have adhered to the standard of medical practice and duty of care expected of their profession. However, in most cases, medical professionals are dedicated, diligent and practice in a safe manner.

Dental injury claims
Cancer misdiagnosis claims
Birth injury claims
Cosmetic surgery claims
GP claims

The settlement outcome of a medical negligence claim will depend on particular factors. For example, whether you have a history of similar medical issues, the long-term effects of your injury, the type of injury or illness sustained. These are referred to as two types of damages:

General medical negligence damages

Non-financial damages include; pain and suffering, physical and emotional damage, loss of quality of life, and loss of opportunity.

Special medical negligence damages

These refer to out of pocket expenses incurred as a result of the malpractice. These can include:

Loss of earnings and future earnings.
Current and future medical bills.
Care fees.
Costs of adapting a home.
Physiotherapy fees.
Payments for medical equipment.
Expenses for ongoing medication needed.

What’s the time limit to make a medical negligence claim

Medical negligence is a complicated part of Irish law and there is no definitive answer as to how long your claim will take. However, how long you have to make a medical negligence claim is defined.

The ‘Statute of Limitations’ is the formal term for the legal time limit in which you can make a medical negligence claim. This is usually two years minus one day after the date of knowledge of the injury.

The date of knowledge is often the date the accident occurred. However, sometimes, a person may not realise their injury until some time after an accident. In such cases, this is the date of knowledge.

Children are not allowed to make a medical negligence claim because they are classed as minors. Instead, their two-year time limit begins on the 18th birthday. However, a parent or legal guardian can make a medical negligence claim on behalf of a minor following the medical malpractice. This option is typically more desirable because it is easier to uncover reliable evidence to strengthen the child’s case if they filed as soon as possible.

Explore your medical negligence options with us

Our team of medical negligence specialist solicitors in Cork and Dublin will work tirelessly to deliver the highest quality legal representation and advice for your medical negligence claim.

31/03/2022

What To Do After A Cancer Misdiagnosis?

medical negligence

What Causes A Cancer Misdiagnosis?

A cancer misdiagnosis can happen from several different reasons, including:

The incompetence of a medical practitioner who fails to recognise the signs of cancer or misinterprets cancer as a different illness.
False-positive or false-negative results from a faulty cancer screening.
MRI or CT scans fail to identify cancerous lesions if the lesions are too small to detect.
Laboratory errors

How to Make a Cancer Misdiagnosis Claim

Making a claim for cancer misdiagnosis compensation claim must be brought through the courts. However, your claim can be settled outside of court. This happens if the medical practice accepts responsibility for the misdiagnosis and they offer an adequate cancer misdiagnosis settlement.

Cancer misdiagnosis compensation amounts will vary de- pending on the cancer misdiagnosis case.

The first step in assessing whether you have a cancer medical negligence claim is to contact a medical negligence solicitor. To establish whether there is a case, they will need:

All your medical records, including those from before the misdiagnosis, will need to be obtained before making a cancer compensation claim.
A medical examination and subsequent report with an expert in the eld is required to prove your misdiagnosis and that the medical practice you were treated by fell short of acceptable standards.

10/02/2022

Erb’s Palsy | Medical Negligence

medical negligence

Erb’s palsy is muscle weakness in the arm or shoulder that can occur as a result of an injury sustained during birth or later in life. It’s most common in infants who injured their shoulders during delivery.

What are the signs and symptoms of Erb’s palsy?

Erb’s palsy affects the shoulder, arm, and elbow. In general, your hand muscles aren’t affected, but your hands may experience tingling or numbness.

Signs and symptoms of Erb’s palsy include:

Paralysis or limpness of the shoulder, arm and elbow. You can’t lift your arm away from your body or bend your elbow.
Numbness or tingling in your arm or hand. These are also known as “burners and stingers.”
A hand position known as ‘the waiter’s tip’ position. The palm of your hand points toward the back, and the fingers curl.

Types of Erb’s Palsy

There are four main types of brachial plexus palsy. Doctors determine the type of brachial plexus palsy based on the degree of damage to the brachial plexus nerve.

Learn more about the different Erb’s palsy types below.

Neuropraxia

Neuropraxia is the most common type of Erb’s palsy and occurs when a nerve is stretched but does not tear at all. Neuropraxia can cause a burning or stinging sensation and usually clear up on its own by 3 months of age.

Neuroma

Neuromas are more severe than neuropaxias. When neuromas occur, scar tissue forms as it heals itself from the stretching and places pressure on the other healthy network of nerves. Generally, children with neuroma Erb’s palsy partially heal.

Rupture

Ruptures occur when the brachial plexus nerve is torn. Ruptures require more intensive medical care since they will not heal. This injury usually requires surgery to graft the damaged nerve fibers back together.

Avulsions

Avulsions are the most severe type of nerve injury and they occur when a nerve is completely torn from the spinal cord. This can cause permanent paralysis or muscle weakness in the affected arm. It can also lead to Horner’s syndrome and cause difficulty breathing, drooping eyelids, and small pupils.

27/01/2022

Sweeney Solicitors – Medical Negligence Specialists

Personal

If you suffer from an injury or disease which you have developed as a result of the poor treatment or misdiagnosis by medical or dental professionals, you may be entitled to claim compensation.

This is referred to as medical negligence, though sometimes it is called medical malpractice or clinical negligence. It occurs when substandard care is given to a patient, either by action or failure to act, that either worsens their current condition or causes additional injury to them.

Usually, these injuries are avoidable because the medical practitioner should have adhered to the standard of medical practice and duty of care expected of their profession. However, in most cases, medical professionals are dedicated, diligent and practice in a safe manner.

Dental injury claims
Cancer misdiagnosis claims
Birth injury claims
Cosmetic surgery claims
GP claims

The settlement outcome of a medical negligence claim will depend on particular factors. For example, whether you have a history of similar medical issues, the long-term effects of your injury, the type of injury or illness sustained. These are referred to as two types of damages:

General medical negligence damages

Non-financial damages include; pain and suffering, physical and emotional damage, loss of quality of life, and loss of opportunity.

Special medical negligence damages

These refer to out of pocket expenses incurred as a result of the malpractice. These can include:

Loss of earnings and future earnings.
Current and future medical bills.
Care fees.
Costs of adapting a home.
Physiotherapy fees.
Payments for medical equipment.
Expenses for ongoing medication needed.

What’s the time limit to make a medical negligence claim

Medical negligence is a complicated part of Irish law and there is no definitive answer as to how long your claim will take. However, how long you have to make a medical negligence claim is defined.

The ‘Statute of Limitations’ is the formal term for the legal time limit in which you can make a medical negligence claim. This is usually two years minus one day after the date of knowledge of the injury.

The date of knowledge is often the date the accident occurred. However, sometimes, a person may not realise their injury until some time after an accident. In such cases, this is the date of knowledge.

Children are not allowed to make a medical negligence claim because they are classed as minors. Instead, their two-year time limit begins on the 18th birthday. However, a parent or legal guardian can make a medical negligence claim on behalf of a minor following the medical malpractice. This option is typically more desirable because it is easier to uncover reliable evidence to strengthen the child’s case if they filed as soon as possible.

Explore your medical negligence options with us

Our team of medical negligence specialist solicitors in Cork and Dublin will work tirelessly to deliver the highest quality legal representation and advice for your medical negligence claim.

22/09/2021

What To Do After A Road Accident? | Personal Injury Claims

Personal

Road traffic accident claims are the most common of all personal injury claims presented to solicitors and the Injuries Board.

A road traffic accident can be a traumatic experience regardless of the seriousness of the crash or whether you suffered any personal injuries.

If you have been involved in a crash that was not your fault, you may be entitled to make a personal injury claim along with any damage sustained to your vehicle.

Common road accidents

Car accidents.
Cyclist accidents.
Motorcycle accidents.
Taxi passenger accidents
Rear-end collisions.
Pedestrian accidents.
Public transport accidents.
Fatal road traf c accidents.
Claims against uninsured Drivers and unidentied vehicles

Firstly, you need to check if you, any passengers and anybody else involved in the accident needs medical attention and to call an ambulance to ensure that medical care is received as soon as possible.

It is essential that if you have suffered a personal injury that you book an appointment with your doctor as soon as possible after the accident, even if you are involved in a minor road traf c accident. Unfortunately, seemingly minor injuries can develop into a more severe threat to your health if left untreated.

After seeking medical attention, these are the steps you should follow:

1. Call the Gardaí

2. Gather the relevant information

3. Witnesses

4. Speak to a solicitor

For more information, click here to download our FREE Personal Injury e-book today or FREEPHONE Sweeney Solicitors Cork on 1800 246 442

13/09/2021

Birth Injury – Mother

Personal

Injury to the mother can be sustained prior to, during or following the birth. These injuries can be a result of medical negligence. Inadequate medical care can result in these complications:

• Pregnancy malpractice/maternal birth injuries –
mismanagement of the pregnancy.
• Vaginal tears or lacerations.
• Pelvic injuries during birth.
• Broken bones.
• Ruptured uterus.
• Complications caused by delivery using forceps.
• Abnormal bleeding caused by medical negligence.
• Incontinence.
• Damage to bowel or bladder.
• Nerve damage after giving birth.
• Post-traumatic stress disorder.
• Wrongful death of the mother.
• Forceps Injury.
• Incorrect caesarean section.
• Infection.
• Pre-eclampsia or eclampsia.
• Improper stitching following caesarean section.

For further information speak directly to a member of the team, kindly visit our Contact page.

16/06/2021

General medical negligence damages

Special medical negligence damages

What’s the time limit to make a medical negligence claim

Explore your medical negligence options with us

What are the signs and symptoms of Erb’s palsy?

Types of Erb’s Palsy

Neuropraxia

Neuroma

Rupture

Avulsions

General medical negligence damages

Special medical negligence damages

What’s the time limit to make a medical negligence claim

Explore your medical negligence options with us

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