Tag Archive for: Cork Solicitor

Cancer Misdiagnosis Claims in Ireland: Your Legal Options

A cancer diagnosis is life-changing. But what if that diagnosis comes too late or is missed entirely because of medical negligence? Sadly, cancer misdiagnosis and delays in treatment can reduce treatment options, lower survival rates, and cause avoidable suffering for patients and their families.

If you or a loved one has suffered because of a delayed or incorrect cancer diagnosis, you may be entitled to bring a cancer misdiagnosis claim. Our specialist medical negligence solicitors are here to help you secure answers and the compensation you deserve.

What is Cancer Misdiagnosis?

Cancer misdiagnosis happens when a doctor or medical professional:

  • Fails to detect cancer when they should have.
  • Diagnoses the wrong type of cancer.
  • Diagnoses cancer at a much later stage than should have been possible with proper care.

This can occur in a range of settings from a missed referral for tests, to errors in interpreting scans, biopsies, or blood tests.

Examples of Cancer Misdiagnosis

We regularly see claims involving:

  • Failure to refer for specialist tests or scans.
  • Misinterpretation of X-rays, MRIs, or biopsy results.
  • Delays in receiving test results or follow-up.
  • Wrong diagnosis – for example, treating cancer as an infection or benign condition.

Common cancers involved in misdiagnosis claims include:

  • Breast cancer
  • Cervical cancer
  • Bowel cancer
  • Lung cancer
  • Prostate cancer
  • Skin cancer (melanoma)

The Impact of Misdiagnosis

A delay in cancer diagnosis can mean:

  • The cancer progresses to a more advanced stage.
  • Treatment options are more invasive or limited.
  • Survival rates and prognosis are reduced.
  • Patients suffer avoidable pain, stress, or financial hardship.

In tragic cases, families may bring claims on behalf of a loved one who has died as a result of negligent misdiagnosis.

What Can Compensation Help With?

Cancer misdiagnosis claims aim to provide financial support for:

  • Additional or more intensive medical treatment
  • Loss of income and future earnings
  • Pain and suffering
  • Care, support, or home adaptations
  • Funeral expenses (in fatal cases)

Our role is to help you secure the resources you need to move forward.

How We Can Help

At Sweeney Solicitors, we have extensive experience handling complex cancer misdiagnosis claims across Ireland. We will:

  • Review your medical records and seek expert medical opinions.
  • Clearly explain your legal options and potential outcomes.
  • Handle your case sensitively and efficiently.
  • Work on a no-win, no-fee basis where appropriate.

We understand how distressing this process can be. Our team is here to support you at every stage.

Get in Touch

If you believe your cancer was misdiagnosed or diagnosed too late due to medical negligence, contact us today for a confidential, no-obligation consultation.

📞 1800 246 442
 📧 info@sweeneysolicitors.ie

Birth Injury Claims in Ireland: Your Rights and How We Can Help

The birth of a child should be a joyful occasion, but for some families in Ireland, it can be overshadowed by trauma when medical errors lead to a birth injury. A birth injury is any harm caused to a baby or mother during pregnancy, labour, or delivery due to substandard medical care. These injuries can have lifelong consequences, affecting not only the child but the entire family.

If your baby or you have suffered a birth injury because of medical negligence, you may be entitled to bring a legal claim for compensation. Our specialist medical negligence team is here to guide you through this complex and emotional process.

Birth Injury Claims in Ireland

What is a Birth Injury?

A birth injury can occur when medical professionals fail in their duty of care before, during, or after delivery. This may include errors in monitoring the baby’s heartbeat, failing to act quickly in cases of distress, improper use of forceps or vacuum delivery, or delays in performing a necessary caesarean section.

Birth injuries can vary from minor, temporary harm to severe, life-altering conditions requiring lifelong care.

Common Types of Birth Injuries

Some of the most serious birth injuries we see in medical negligence cases include:

  • Cerebral palsy – often linked to oxygen deprivation during delivery, leading to brain damage and long-term disability.
  • Erb’s palsy / Brachial plexus injury – damage to nerves controlling the arm and shoulder, potentially causing weakness or paralysis.
  • Fractures – such as a broken collarbone due to improper handling during delivery.
  • Facial nerve damage – typically caused by incorrect use of instruments like forceps.
  • Maternal injuries – such as severe tearing, bladder or bowel damage, or untreated infections.

How Do I Know If I Have a Birth Injury Claim?

Not all birth injuries result from negligence. Sometimes complications arise despite the best medical care. However, if errors were made that no competent professional would have made – and these caused harm – you may have a case.

Examples include:

  • Failure to monitor or respond to signs of fetal distress.
  • Delayed decision-making in emergency situations.
  • Incorrect use of medical equipment during delivery.

Our experienced solicitors will assess your case, review medical records, and work with independent medical experts to determine whether negligence occurred.

What Can Compensation Cover?

Birth injury compensation is intended to support your child’s and family’s future needs. A claim can help cover:

  • Medical and rehabilitation costs
  • Special care, aids, and equipment
  • Home adaptations
  • Ongoing therapy and support
  • Loss of earnings (where relevant)
  • Pain and suffering

How We Can Help

We understand that bringing a claim is not just about compensation – it’s about securing the best possible future for your child. We will:

  • Provide clear, compassionate advice.
  • Handle your claim with sensitivity and professionalism.
  • Work on a no-win, no-fee basis where appropriate.
  • Keep you informed every step of the way.

Our goal is to take the legal burden off your shoulders so you can focus on your family.

Contact Us Today

If you are concerned that a birth injury was caused by medical negligence, contact our dedicated medical negligence team today for a confidential, no-obligation consultation.

📞 1800 246 442
 📧 info@sweeneysolicitors.ie

Erb’s Palsy | Medical Negligence

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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.

Hospital-Acquired Infections: How Negligence Plays a Role – A Blog by Sweeney Solicitors

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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.

Radiology Errors: The Impact of Missed and Misinterpreted Scans – A Blog by Sweeney Solicitors

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Radiology Errors: The Impact of Missed and Misinterpreted Scans – A Blog by Sweeney Solicitors
The realm of radiology, encompassing X-rays, MRIs, CT scans, and ultrasounds, plays a crucial role in
modern medicine. These diagnostic tools provide invaluable insights into a patient’s health, often
revealing hidden conditions and guiding treatment pathways. However, as pivotal as these tools are,
they’re not exempt from human error. Radiology errors, particularly missed and misinterpreted
scans, can have dire consequences. At Sweeney Solicitors, we’re dedicated to supporting victims of
such errors. This blog delves into the world of radiology errors in Ireland and the potential fallout for
patients.
1. Radiology Errors Defined

Radiology errors primarily fall into two categories:

  • Missed Scans: When an anomaly or condition is present but overlooked by the radiologist.
  • Misinterpreted Scans: When the radiologist misreads the scan, either diagnosing a non-
    existent issue or incorrectly identifying a real one.
    2. Causes of Radiology Errors
    The reasons behind these errors can be multifaceted:
  • Overwork: A high patient volume can lead to fatigue and oversight.
  • Inadequate Training: Not all errors stem from negligence. Sometimes, the radiologist may lack
    the training to identify specific conditions.
  • Technical Issues: Problems with the imaging equipment or poor-quality scans can result in
    errors.
  • Communication Breakdown: Miscommunication between medical teams can lead to incorrect
    interpretations.
    3. The Ripple Effect of Errors
    The consequences of radiology errors extend beyond physical health:
  • Delayed Treatment: A missed diagnosis can lead to significant treatment delays, worsening the
    patient’s condition.
  • Unnecessary Procedures: Misinterpretation might result in patients undergoing unneeded
    surgeries or treatments, subjecting them to unnecessary risks.
  • Emotional and Mental Strain: The stress of an incorrect diagnosis or missed condition can take
    a toll on a patient’s mental health.
  • Financial Implications: Incorrect treatments or late diagnoses can lead to increased medical
    expenses.
    4. Taking Action in Ireland
    If you suspect you’ve been a victim of a radiology error:
  • Obtain a Second Opinion: Always consult another radiologist or medical professional if in
    doubt.
  • Document Everything: From medical reports to personal accounts of how the error has
    impacted you.
  • Engage with Sweeney Solicitors: With our expertise in medical negligence, we can assess the
    merits of your case and guide you through the legal process.
    5. Legal Pathways
    In Ireland, pursuing a radiology error claim involves:
  • Initial Consultation: A thorough discussion of your situation with a solicitor.
  • Acquiring Medical Evidence: Securing your medical records and potentially getting expert
    opinions on the radiology error.
  • Filing a Claim: Initiating a formal claim if there’s substantial evidence of negligence.
  • Negotiation & Settlement: While many cases are resolved outside of court, some may proceed
    to trial if an agreement isn’t reached.
    Conclusion
    The trust we place in radiological procedures is profound. When this trust is breached due to errors,
    the consequences can be life-altering. At Sweeney Solicitors, our commitment is to advocate for
    victims of radiology errors, ensuring their rights are championed and justice is served. If you believe
    you’ve been impacted by such an error, we’re here to provide the expertise and support you need.

Dental Negligence: From Misdiagnosis to Incorrect Procedures – A Blog by Sweeney Solicitors

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Dental Negligence: From Misdiagnosis to Incorrect Procedures – A Blog by Sweeney Solicitors
Dental care, while often underestimated, is a pivotal aspect of our overall health and well-being. A
visit to the dentist should alleviate discomfort, enhance our oral health, and boost our confidence.
Regrettably, there are instances when dental treatments don’t go as planned, leading to pain,
distress, and long-term complications. Dental negligence is a significant concern that patients need
to be aware of. At Sweeney Solicitors, we are deeply committed to aiding those impacted by such
negligence. This blog seeks to shed light on dental negligence in Ireland, encompassing
misdiagnoses, incorrect procedures, and the legal pathways available.
1. What is Dental Negligence?
Dental negligence refers to substandard care provided by dental professionals, which directly results
in harm or injury to the patient. This can encompass a broad range of scenarios:

  • Misdiagnosis: Failing to detect dental conditions or misidentifying them.
  • Incorrect Procedures: Performing the wrong procedure or making mistakes during a routine
    procedure.
  • Delayed Diagnosis: A delay in identifying conditions can lead to worsened symptoms or
    complications.
  • Failure to Obtain Informed Consent: Not adequately explaining the risks of a procedure to a
    patient.
    2. Potential Impacts of Dental Negligence
    The repercussions of dental negligence can be extensive:
  • Physical Pain and Discomfort: From persistent toothaches to damaged gums.
  • Aesthetic Concerns: Misaligned teeth, damage to visible teeth, or poor-quality dental work can
    affect one’s appearance.
  • Financial Strain: Rectifying negligence can be costly, requiring further treatments or surgeries.
  • Psychological Impact: Dental issues can lead to lowered self-esteem and mental health
    challenges.
    3. Taking Action in Ireland
    If you believe you’ve been a victim of dental negligence:
  • Seek a Second Opinion: If in doubt about a diagnosis or treatment, consult another dental
    professional.
  • Document Everything: Maintain a record of all appointments, treatments, and
    communications.
  • Engage a Solicitor: Before pursuing a legal claim, it’s vital to have experienced legal
    representation. At Sweeney Solicitors, our team is adept at navigating the intricacies of dental
    negligence claims.
    4. The Legal Process
    In Ireland, the process for a dental negligence claim typically involves:
  • Initial Consultation: Discuss your situation with a solicitor to gauge the viability of your claim.
  • Acquiring Medical Records: This will offer a comprehensive view of your dental history and the
    alleged negligence.
  • Expert Opinion: Just like in other medical negligence cases, a dental expert will be consulted to
    provide a professional viewpoint.
  • Filing the Claim: If a solid case is established, a formal claim is initiated.
  • Negotiation & Settlement: Many cases are settled outside of court. However, if no agreement
    is reached, the case may proceed to trial.
    Conclusion
    Dental health, while often sidelined, is vital. Negligence in this field can have profound repercussions
    on an individual’s life. At Sweeney Solicitors, our mission is to stand alongside victims of dental
    negligence, guiding them through the legal maze and championing their rights. If you or a loved one
    has been impacted, reach out to us for comprehensive support and expertise.

Nursing Home Negligence: Protecting the Rights of the Elderly – A Blog by Sweeney Solicitors

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Nursing Home Negligence: Protecting the Rights of the Elderly – A Blog by Sweeney Solicitors
Entrusting the care of a loved one to a nursing home is an emotional decision. We anticipate a
standard of care that ensures safety, comfort, and dignity. However, when nursing homes fail to
uphold this standard, the results can be heart-wrenching. Nursing home negligence is a grave
concern, and at Sweeney Solicitors, we’re devoted to safeguarding the rights of the elderly. In this
piece, we’ll delve into the facets of nursing home negligence in Ireland and how families can ensure
their loved ones are protected.
1. Understanding Nursing Home Negligence
Negligence in nursing homes can manifest in various forms:

  • Physical Abuse: This includes any unnecessary force or violence directed at a resident.
  • Emotional Abuse: Verbal assaults, humiliation, or isolation that impacts a resident’s mental
    well-being.
  • Neglect: Failure to provide essential care such as food, hygiene, or medication.
  • Financial Exploitation: Misusing a resident’s funds, assets, or benefits.
  • Medical Neglect: Failure to provide necessary medical care or improperly administering
    medications.
    2. Signs of Nursing Home Negligence
    Being vigilant is crucial. Look out for:
  • Unexplained bruises, cuts, or injuries.
  • Sudden weight loss or signs of malnutrition.
  • Changes in behavior or mood.
  • Lack of personal hygiene.
  • Unsanitary living conditions.
  • Overmedication or signs of sedation.
    3. Protecting the Rights of the Elderly
  • Regular Visits: Often, the best deterrent to negligence is visibility. Regular visits can ensure the
    facility remains accountable.
  • Open Communication: Establish clear communication lines with the nursing home staff.
    Regular updates can provide insight into the level of care.
  • Awareness: Familiarize yourself with the rights of nursing home residents in Ireland.
  • Documentation: Should you notice signs of negligence, document everything. Photographs,
    medical records, and a written record can be invaluable.
    4. Legal Recourse in Ireland
    Ireland has stringent regulations governing nursing home care, with oversight provided by the
    Health Information and Quality Authority (HIQA). If negligence is suspected:
  • Report to HIQA: They will conduct inspections and take necessary actions against facilities that
    don’t comply with standards.
  • Seek Legal Counsel: If a loved one has suffered due to nursing home negligence, you may have
    grounds for a legal claim. At Sweeney Solicitors, we can provide guidance on the best course of
    action, ensuring the rights of your loved one are upheld.
    Conclusion
    The elderly, having contributed immensely to society, deserve care, respect, and dignity in their
    twilight years. Nursing home negligence is a breach of this trust, and it’s our collective responsibility
    to ensure our elderly are shielded from harm. At Sweeney Solicitors, our commitment is unwavering.
    Should you need support or guidance on nursing home negligence, trust in our expertise to advocate
    passionately for the rights of the elderly.

The Role of Expert Evidence in Medical Negligence Litigation in Ireland: A Guide by Sweeney Solicitors

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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.

Cerebral Palsy Medical Negligence Litigation in Ireland with Sweeney Solicitors

Cerebral Palsy Medical Negligence Litigation in Ireland with Sweeney Solicitors
Cerebral palsy, a group of lifelong conditions affecting movement and coordination, can have
profound effects on the quality of life for both the affected child and their family. When cerebral
palsy results from medical negligence during pregnancy, birth, or shortly after, families have the
right to seek justice and compensation in Ireland. At Sweeney Solicitors, we’re deeply committed to
guiding these families through the intricacies of such litigation claims.
Understanding Cerebral Palsy as a Result of Medical Negligence
Cerebral palsy can result from a variety of factors. When linked to medical negligence, common
scenarios include:

  1. Oxygen Deprivation: This can occur if a baby’s oxygen supply is compromised during delivery.
  2. Infections in the Mother: If untreated during pregnancy, certain infections can lead to brain
    damage in the unborn child.
  3. Premature Delivery Complications: Infants born prematurely may be more susceptible to
    brain injuries if not adequately cared for.
  4. Mismanagement of Neonatal Jaundice: Failure to treat severe jaundice promptly can result in
    a type of brain damage called kernicterus, leading to a form of cerebral palsy.
  5. Traumatic Head Injuries: These might result from improper use of medical instruments during
    delivery.
    Navigating the Litigation Process
  6. Initial Consultation: Approach us at Sweeney Solicitors to discuss the specifics of your case.
    We’ll assess the viability of a claim and guide you on the next steps.
      
  7. Expert Medical Opinion: A pivotal aspect of these claims involves getting an expert medical
    opinion to corroborate the link between the negligence and cerebral palsy.
      
  8. Gathering Evidence: This includes acquiring medical records, birth details, and any other
    pertinent documentation that can support the claim.
      
  9. Filing the Claim: A formal ‘Letter of Claim’ is issued to the medical professional or institution
    in question.
      
  10. Awaiting Response: The defendant will have a set period to either admit fault or contest the
    claim.
      
  11. Court Proceedings: If no settlement is reached, the case may proceed to trial. Here, evidence
    will be presented, and a judge will rule on the case.
      
  12. Compensation: Should the case be successful, compensation can be awarded to cover
    medical bills, future care costs, therapy, loss of earnings, pain, and suffering, and more.
    The Vital Role of Time
    In Ireland, the general rule for medical negligence claims is a two-year limit from the ‘date of
    knowledge’. However, for children with cerebral palsy, the clock starts on their 18th birthday.
    Nonetheless, it’s crucial to initiate the process early to preserve evidence and witness accounts.
    Conclusion
    Cerebral palsy resulting from medical negligence can be a heart-wrenching ordeal for families. At
    Sweeney Solicitors, our mission is to shoulder the legal burdens, allowing families to focus on caring
    for their loved ones. Armed with compassion, expertise, and an unwavering commitment to justice,
    we stand ready to champion the rights of those affected. If your family has been impacted by such
    negligence, trust in our dedication to guiding you through to a just resolution.

Taking a Medical Negligence Litigation Claim in Ireland with Sweeney Solicitors

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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.

  1. 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.
  2. 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.
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Sweeney Solicitors | 15 South Terrace | Cork
Freephone: 1800 246442 | Email: info@sweeneysolicitors.ie

Sweeney Solicitors | Ormond Building | 31-36 Ormond Quay | Dublin 7
Freephone: 1800 246442 | Email: info@sweeneysolicitors.ie

Sweeney Solicitors | 20 The Crescent | O’ Connell Street | Limerick
Freephone: 1800 246442 | Email: info@sweeneysolicitors.ie

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