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.