Hospital-Acquired Infections: How Negligence Plays a Role – A Blog by Sweeney Solicitors
Hospitals are revered institutions of healing, offering respite from ailments and injuries. Yet,
sometimes, they become unintentional grounds for new infections. Hospital-acquired infections
(HAIs) can be an unsettling reality for patients seeking care. The role of negligence in such cases
cannot be understated, and understanding this relationship is pivotal. At Sweeney Solicitors, we are
committed to raising awareness about HAIs and the potential legal avenues for those affected. This
blog delves deep into the nexus of hospital-acquired infections and medical negligence in Ireland.
1. Unravelling Hospital-Acquired Infections
HAIs refer to infections that patients contract while receiving treatment for another condition in a
healthcare facility, with symptoms usually manifesting 48 hours after admission. Common HAIs
include:

• MRSA (Methicillin-resistant Staphylococcus aureus)
• C. difficile (Clostridium difficile)
• Surgical site infections
• Ventilator-associated pneumonia
  2. How Does Negligence Factor In?
  While not every HAI is a result of negligence, certain scenarios distinctly highlight subpar care:
• Poor Hygiene Practices: This can be as simple as healthcare professionals not washing hands
  regularly or adequately.
• Improper Sterilization: Not thoroughly sterilizing surgical instruments or medical equipment.
• Lack of Infection Control Measures: Inefficient isolation of infected patients or poor ventilation
  systems.
• Antibiotic Misuse: Over-prescription or incorrect administration can lead to antibiotic-resistant
  strains.
  3. The Impact of HAIs
  The consequences of contracting an HAI can range from extended hospital stays to severe health
  complications, and unfortunately, sometimes even death. Beyond the physical impact:
• Emotional Distress: The knowledge of contracting an infection in a place of healing can be
  traumatic.
• Financial Implications: Extended treatments, medication, and additional hospital stays add to
  medical bills.

4. Legal Recourse in Ireland
If you believe you or a loved one contracted an HAI due to negligence:

• Documentation is Crucial: Maintain thorough records of your hospital stay, treatments
  received, and any communications related to the infection.
• Engage Expert Legal Aid: Navigating medical negligence claims can be complex. At Sweeney
  Solicitors, our seasoned team is equipped to guide you through every step.
• Remember the Time Limits: In Ireland, there is typically a two-year window from the time the
  negligence is identified to initiate a legal claim.
  5. The Pathway to Justice
  The process for pursuing a claim involves:
• Initial Consultation: Discussing the intricacies of your case with a solicitor to understand its
  merits.
• Gathering Evidence: This includes medical records, expert opinions, and possibly testimony
  from healthcare professionals.
• Initiating the Claim: If there’s substantial evidence, the legal process begins.
• Resolution: Most cases find resolution outside of the courtroom through settlements.
  However, if required, the case may go to trial.
  Conclusion
  While hospitals remain our sanctuaries of health, it’s crucial to be aware of the potential risks like
  HAIs. Through vigilance, awareness, and legal safeguards, patients can protect themselves and seek
  redress when needed. At Sweeney Solicitors, our mission is to stand with victims of medical
  negligence, ensuring their voices are heard, and justice is sought. If you’ve faced the ordeal of an HAI
  and believe negligence was at play, we’re here to help.

The Role of Expert Evidence in Medical Negligence Litigation in Ireland: A Guide by Sweeney Solicitors
In the realm of medical negligence litigation, evidence is the cornerstone of any claim. However, not
all evidence is created equal. When dissecting intricate medical procedures, diagnoses, and
treatments, a layperson’s understanding often falls short. This is where expert evidence comes to
the fore. At Sweeney Solicitors, we have vast experience in utilizing expert evidence to bolster our
client’s cases. In this blog, we aim to shed light on the pivotal role that expert evidence plays in
medical negligence claims in Ireland.
1. What Constitutes Expert Evidence?

Expert evidence refers to testimony, reports, or opinions given by individuals who possess
specialized knowledge in a particular field, relevant to the case at hand. In medical negligence
claims, these are typically seasoned medical professionals who can provide insight into standards of
care, causation, patient outcomes, and other pertinent issues.
2. Why is Expert Evidence Crucial?

• Complexity of Medical Matters: Medical negligence claims often hinge on intricate medical
  details. An expert can break down this complexity, making it comprehensible for the court.
    
• Determining Standard of Care: One of the fundamental questions in such cases is whether the
  medical professional acted with the requisite standard of care. Experts can delineate what
  constitutes acceptable practice in specific scenarios.
    
• Causation: Establishing a direct link between the negligence and the injury or harm suffered is
  vital. Experts can attest to whether an act or omission directly resulted in the patient’s condition.
  3. Choosing the Right Expert
  The credibility and reliability of expert evidence largely depend on the qualifications, experience,
  and impartiality of the expert. It’s imperative to select someone with:
    
• Relevant medical expertise.
• Extensive experience, both clinically and as an expert witness.
• An ability to communicate complex ideas clearly.
  4. How Expert Evidence is Presented
  Expert evidence can be introduced in various ways during the litigation process:
• Written Reports: Before trial, experts usually produce a detailed report outlining their findings
  and opinions.
    
• Direct Examination: In court, after taking the oath, experts present their findings and are
  questioned by the side that retained them.
    
• Cross-Examination: The opposing side is given the opportunity to question the expert,
  challenging their conclusions and credibility.
  5. Challenges to Expert Evidence
  It’s worth noting that expert evidence isn’t infallible. The opposing side will often present their own
  experts, leading to contrasting opinions. The court then weighs these differing views to arrive at a
  conclusion.
  6. The Irish Context
  In Ireland, the role of expert evidence in medical negligence litigation is particularly pronounced due
  to the adversarial nature of the system. With both sides presenting their case, expert testimony
  becomes instrumental in swaying court opinions.

Conclusion
Expert evidence acts as the bridge between intricate medical details and the legal facets of a
negligence claim. At Sweeney Solicitors, we understand the weight this evidence carries. By
integrating expert insights with robust legal strategies, we strive to present the strongest case
possible for our clients, ensuring they receive the justice they deserve. If you believe you’ve been a
victim of medical negligence, trust in our expertise to guide you through the legal maze, fortified by
the knowledge of industry experts.

Taking a Medical Negligence Litigation Claim in Ireland with Sweeney Solicitors
Navigating the complexities of a medical negligence claim can be daunting, especially in a country
with intricate legal proceedings like Ireland. At Sweeney Solicitors, we’re dedicated to demystifying
this process for you. Here’s a step-by-step guide on how to take a medical negligence litigation claim
in Ireland.
1. Initial Consultation:
Begin by seeking legal advice. During an initial consultation with Sweeney Solicitors, we’ll assess the
viability of your claim, explain the legal process, and discuss potential outcomes.
2. Obtain Medical Records:
To substantiate your claim, you’ll need all relevant medical records. These documents will provide a
detailed account of the treatment received and help identify any potential negligence.
3. Independent Medical Examination:
Often, it’s beneficial to undergo an independent medical assessment. This provides an impartial
opinion on the injury or condition and can help correlate it to the alleged negligence.
4. Letter of Claim:
Once enough evidence is gathered, a formal ‘Letter of Claim’ will be sent to the medical practitioner
or institution in question. This letter outlines the nature of the negligence and its implications.
5. Response:
The defendant (medical practitioner or institution) will typically have two months to respond to the
Letter of Claim. Their reply will either admit liability or provide a defence.
6. Legal Proceedings:

If the defendant disputes the claim or an amicable settlement isn’t reached, formal court
proceedings can commence. The case might be heard in the Circuit Court or the High Court,
depending on the severity and value of the claim.
7. Settlement or Trial:
Many medical negligence cases are settled before they reach trial. If a settlement is agreed upon,
the case concludes. Otherwise, it proceeds to a trial where evidence is presented, and a judge
delivers a verdict.
8. Compensation:
If the verdict is in your favour or a settlement is achieved, you’ll be awarded compensation. This can
cover medical bills, loss of earnings, pain and suffering, and any future costs related to the injury.
9. Appeal:
Should either party be dissatisfied with the court’s decision, they have the right to appeal. However,
this can extend the litigation process significantly.
10. Concluding the Process:
Once all proceedings are complete and compensation has been awarded, the claim officially
concludes.
Final Thoughts
Pursuing a medical negligence litigation claim in Ireland requires meticulous attention to detail,
knowledge of the legal landscape, and steadfast determination. At Sweeney Solicitors, we pride
ourselves on guiding our clients through each step with empathy and expertise. If you believe you’ve
been a victim of medical negligence, we’re here to ensure your voice is heard, and your rights are
upheld. Together, we’ll strive for the justice and peace of mind you deserve.
Time Limits for Medical Negligence Litigation Claims in Ireland with Sweeney Solicitors
In the realm of legal proceedings, time is often of the essence. When it comes to medical negligence
litigation in Ireland, specific time limits dictate the viability of a claim. Understanding these limits is
crucial for anyone considering legal action. At Sweeney Solicitors, we’re here to elucidate these time
constraints, ensuring you’re well-informed and empowered to seek justice.
The Statute of Limitations and Medical Negligence
In Ireland, the Statute of Limitations Act sets the general time limits for bringing forward civil claims.
For medical negligence cases, the key points to remember are:

1. Standard Time Limit: A medical negligence claim must typically be initiated within two years
   from the date of the alleged negligence or from when the injury became known or should have
   reasonably been known. This is commonly referred to as the ‘date of knowledge’.
2. Exceptions for Minors: For children under the age of 18, the two-year time limit doesn’t begin
   until their 18th birthday. However, if a parent or guardian chooses to make a claim on behalf of the
   child, the standard two-year rule applies from the date of knowledge.
3. Persons of “Unsound Mind”: If a person is deemed to be of “unsound mind” and incapable of
   managing their affairs at the time of the negligence, the two-year period won’t commence until they

recover or, if they don’t, it will be indefinitely postponed. A legal representative, however, can make
a claim on their behalf.

4. Claims Against Deceased Medical Practitioners: In cases where the medical professional
   responsible has passed away, claims can be made against their estate. The usual time limits apply.
5. Ultimate Time Limit: While the ‘date of knowledge’ can sometimes extend the typical two-
   year time frame, there’s an overarching limit of ten years from the date of the actual negligent act,
   after which claims are usually statute-barred. 
   The Importance of Acting Promptly
   While understanding these time limits is essential, it’s equally important to act without delay:

• Gathering Evidence: Over time, medical records, witness memories, and other crucial pieces of
  evidence can become harder to procure or may degrade in quality.
    
• Medical Assessments: Prompt action allows for more accurate current medical assessments,
  linking the injury directly to the negligence.
    
• Legal Processes: Legal proceedings, especially in medical negligence cases, can be lengthy.
  Starting sooner ensures that the case isn’t rushed and that all aspects are thoroughly considered.
  Conclusion
  Time constraints in medical negligence litigation are not just legal formalities; they are pivotal in
  determining the success of a claim. At Sweeney Solicitors, we always emphasize the urgency of
  acting swiftly and decisively. If you or a loved one has suffered due to medical negligence, do not
  hesitate. Reach out to us, and together we’ll navigate the legal timeline, ensuring every step is taken
  within the bounds of the law, aiming for the justice you rightfully deserve.