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.

To bring a medical negligence case, you must prove that the injuries you have suffered would not have occurred if the treatment you received had not been substandard, as defined by law.

To prove this, you must have all relevant medical records and documentation relating to your case. Such records will enable your medical expert to demonstrate the negligence of your treatment.

1. Speak with a Solicitor

If you feel the medical treatment you were afforded during your pregnancy resulted in an injury to you or your baby; you may be entitled to claim compensation. However, bear in mind that medical negligence is a complex topic in Irish law. As such, it is highly recommended that you speak with a medical negligence specialist solicitor to discuss your case. They will ensure all the required details are taken care of and that your claims procedure is not delayed.

2. Medical Records

Next, the medical negligence specialist solicitor will request access to your medical records. They will do this to establish whether the injuries were caused as a result of the malpractice of the medical professional who oversaw your prenatal care, pregnancy, delivery or aftercare. 

An independent medical expert will then assess your medical records. This expert will help determine whether the medical practitioner provided substandard medical care and whether the outcome could have been avoided had they been performed by a competent doctor.

3. Letter of Claim

Finally, your solicitor will draft a Letter of Claim to the medical practitioner who treated you and your baby. This letter is standard in medical negligence cases and will outline the nature of your case. The Letter of Claim will also invite your medical practitioner to settle your case. Their response to the letter will determine whether your case will be settled outside of court or is brought to a judge.

Proof of Identity 

When visiting your Notary Public Cork, you must satisfactorily prove your identity and place of residence and the Notary must keep the identification records for five years.

This process has to be repeated every time you go to the Notary unless you have been with the same Notary within the previous three months.

Passport
1. You must prove your identity, and that means producing your original passport.
2. Lesser proof will only be accepted for compelling reasons which must be satisfactory to the Notary Public Cork.
3. The Notary Public will give no assurances in advance that your substitute document of identification will be acceptable.
4. If your passport number is given in the document to be notarised, then the passport must be produced, without exception.
5. If any other identifying detail is given in the document to be notarised (such as Identity Card number or tax number), then whatever document proves that other detail must also be produced.
 
Utility Bill
You must also prove your current residential address by producing a recent utility bill (not being a mobile phone bill) addressed to you at your stated address within the previous
three months.
 
If you require a Notary Public Cork or have any questions about our Notary Public Cork services, you can Freephone: 1800 246442 or Email:
info@sweeneysolicitors.ie

For more information, you can visit notarycork.ie

To bring a medical negligence case, you must prove that the injuries you have suffered would not have occurred if the treatment you received had not been substandard, as defined by law.

To prove this, you must have all relevant medical records and documentation relating to your case. Such records will enable your medical expert to demonstrate the negligence of your treatment.

1. Speak with a Solicitor

If you feel the medical treatment you were afforded during your pregnancy resulted in an injury to you or your baby; you may be entitled to claim compensation. However, bear in mind that medical negligence is a complex topic in Irish law. As such, it is highly recommended that you speak with a medical negligence specialist solicitor to discuss your case. They will ensure all the required details are taken care of and that your claims procedure is not delayed.

2. Medical Records

Next, the medical negligence specialist solicitor will request access to your medical records. They will do this to establish whether the injuries were caused as a result of the malpractice of the medical professional who oversaw your prenatal care, pregnancy, delivery or aftercare. 

An independent medical expert will then assess your medical records. This expert will help determine whether the medical practitioner provided substandard medical care and whether the outcome could have been avoided had they been performed by a competent doctor.

3. Letter of Claim

Finally, your solicitor will draft a Letter of Claim to the medical practitioner who treated you and your baby. This letter is standard in medical negligence cases and will outline the nature of your case. The Letter of Claim will also invite your medical practitioner to settle your case. Their response to the letter will determine whether your case will be settled outside of court or is brought to a judge.

A dentist who is not competent or is not taking an appropriate level of care with a patient can make mistakes when carrying out any type of dental treatment, but some of the most common injuries and errors happen with:

  • Failure to diagnose gum disease
  • Failure to diagnose oral cancer
  • Root canal treatment
  • Tooth extractions
  • Wisdom teeth
  • Dental implants
  • Veneers
  • Crowns
  • Bridges
  • Orthodontics, including invisible braces
  • Teeth whitening
  • Cosmetic bonding
  • Dentures
  • Gum contouring
  • Fillings

Some of the most common types of dental injury include:

  • A serious infection caused by the dentist using unsafe practices or equipment
  • Dental nerve damage, causing long-term or permanent pain, numbness or lost sensation in the mouth, lips or face
  • Improper use of a tool or equipment, which causes trauma to the teeth, jaw or mouth of the patient
  • Poorly carried out treatment, which does not solve the original problem or causes more issues with surrounding teeth, gums or jawbone
  • Failure to diagnose a serious oral health condition in a patient despite regular visits and dental evidence, such as patient reporting significant issues, x-rays being taken etc.
  • Misdiagnosis of a condition, resulting in incorrect (or no) treatment being carried out and the original condition worsening
  • Significant treatment errors e.g. extracting the wrong tooth
  • Psychological trauma caused by the dental negligence which has a significant impact on your quality of life or daily activities

If you have been affected by any of the above, you can FREEPHONE Sweeney Solicitors Cork on 1800 246 442 or click here to download our FREE Personal Injury e-book today.

To bring a medical negligence case, you must prove that the injuries you have suffered would not have occurred if the treatment you received had not been substandard, as defined by law.

To prove this, you must have all relevant medical records and documentation relating to your case. Such records will enable your medical expert to demonstrate the negligence of your treatment.

1. Speak with a Solicitor

If you feel the medical treatment you were afforded during your pregnancy resulted in an injury to you or your baby; you may be entitled to claim compensation. However, bear in mind that medical negligence is a complex topic in Irish law. As such, it is highly recommended that you speak with a medical negligence specialist solicitor to discuss your case. They will ensure all the required details are taken care of and that your claims procedure is not delayed.

2. Medical Records

Next, the medical negligence specialist solicitor will request access to your medical records. They will do this to establish whether the injuries were caused as a result of the malpractice of the medical professional who oversaw your prenatal care, pregnancy, delivery or aftercare. 

An independent medical expert will then assess your medical records. This expert will help determine whether the medical practitioner provided substandard medical care and whether the outcome could have been avoided had they been performed by a competent doctor.

3. Letter of Claim

Finally, your solicitor will draft a Letter of Claim to the medical practitioner who treated you and your baby. This letter is standard in medical negligence cases and will outline the nature of your case. The Letter of Claim will also invite your medical practitioner to settle your case. Their response to the letter will determine whether your case will be settled outside of court or is brought to a judge.

A Notary Public is a public legal officer appointed by the Chief Justice of Ireland.  The main function of a Notary Public is to certify the signature and execution of a document which requires certification and authentication.  This is done by the Notary applying a seal and signature to the document to be notarised.

The main functions of a Notary Public include the following but not limited to:

  • Certifying copies and execution of legal and business documents
  • Witnessing affidavits, statutory declarations and other documents
  • Administering oaths

For further information visit notarycork.ie or to speak directly with Notary Public Cork David Sweeney, kindly visit our Contact page.

Public place injuries claims (also called slips, trips, and falls or public liability claims) can occur in almost any environment, anywhere from falling on a slippery or in a supermarket to tripping on a broken footpath. These types of incidents can result in serious personal injury and in public places there is a duty of care on the persons responsible for the particular area. If their negligence in maintaining the area is the cause of your slip, trip or fall, you may be entitled to claim compensation.

1. Report the accident 

Firstly, you must report your slip, trip, or fall to the owner of the premises. Once reported, you should ensure that the incident is recorded on their side. Check that they take details of the accident and how it happened. It is advisable to request a copy of any incident reports you complete. Furthermore, it is required to be signed as proof that you reported the accident. This is important for when you make your claim. 

If you were injured in a shop/supermarket/restaurant, for example, you might also report the accident to the Health and Safety Authority (HSA). This may lead to an investigation of the property by the HSA. This would further prove that the owner 

of the premises was negligent as the owner failed to provide a safe and hazardous-free environment for the public. 

Make sure that you record the time, date, and any other conditional information at the time of the accident. 

2. Document the accident 

It is important for you to keep a very detailed record of the accident. This will help you recall the incident when you speak to a specialist personal injury solicitor. When documenting an accident, you should: 

  • Request details and contact information of any persons that may have witnessed the accident.
  • Take pictures of the accident scene. In addition to any prevailing factors that caused the accident and also take photos of any physically visible injuries.
  • Keep any receipts for any additional expenses that arose from the accident
  • Request copies of any medical records/examinations that a doctor may have carried out. This will be the record of the extent of your injuries. If you tend to your injuries yourself without any medical attention, then you will find yourself with a lack of evidence to prove that you suffered a personal injury. 

3. Contact a specialist slip, trip, and fall solicitor 

Finally, you should contact a personal injury specialist solicitor. One with experience with slips, trips, and falls claims, to discuss your case and how best to proceed. This will ensure that you make the right moves at the right time. A personal injury claim will have to be first put through the Injuries Board; this is something that is best done with the help of a solicitor. 

It is important to note that some factors will prohibit you from making a claim. A person cannot claim a slip, trip or fall in cases where: 

  • Somebody injured themselves while trespassing on a property at the time of the accident.
  • A person ignored any health and safety measures in place. For example, if there was an obstacle blocking a faulty staircase, and a person processed to climb the stairs any injured themselves.
  • A person who behaved recklessly and was the cause of the accident.
  • The condition that caused the accident was not there for a long enough period for the property owner or employees on the property to notice and rectify the issue.

Read more information on Public Accidents in our free e-book: https://sweeneysolicitors.ie/the-ultimate-guide-to-making-a-claim-for-legal-compensation/

1. Ask about certified heating

Nothing can ruin a cosy winter evening like your heating giving up the ghost. If spending the first winter in your new home wearing ski jackets in bed sounds unappealing then it’s important to make sure that the property you have your eye on comes with certified heating.

Most houses with gas heating systems are subject to annual boiler inspections. So don’t be afraid to ask the estate agent if you can have a peep at the boiler. Check the sticker to see when the last inspection was. No sticker is a bit of a red flag – so ask for a certificate.

2. Be on the lookout for mould

Get a slight waft of damp? Or did small black spots on the ceiling catch your eye?

Unfortunately this is a sign of mould. If you employ a surveyor, they’ll be able to point out most of the structural issues contributing to the damp. But a home that isn’t well ventilated may have spots that the surveyor doesn’t report.

Fixing mould related issues can be expensive, so check behind the curtains and stick your nose in the under-stairs cupboard to determine if it might be an issue.

3. Test the water pressure

Water pressure is essential for a good shower. Getting dribbled on is no way to start the day. Turn on the shower and see if it’s to your liking. If not, you may have to spend a good chunk of change getting it fixed.

4. Understand your full costs by accounting for renovation

Many folks make the mistake of bidding on houses that appear to be within budget but forget to factor in renovations. The total cost may turn out to be far higher than they had planned to spend.

For example, if you spot a house for €350K in a nice part of town where similar houses sell for €400k, you might be tempted to jump on it. But factor in the price needed to get it up to modern standards and your total bill is €50K more than the other houses on the street.

Make sure you have a very clear picture of what you’re willing to spend, including all of the work required to get your property into the condition you want it in.

5. Explore the neighbourhood

After your viewing, make sure to spend a little time strolling up and down the streets surrounding the property. It’ll give you a better feel for what it’s like to live in that neck of the woods.

Keep your eyes and ears peeled for unsightly rubbish, bedraggled gardens and untrained dogs barking. Have an idea of your limits and don’t settle for less.

If you’re feeling cheeky, why not approach someone on the street or in a café and ask them about the area? Friendly enough folk will provide valuable insight into what it’s like to live there.

For more information on Buying, Selling, and Remortgaging click here to download our FREE e-book.