Medical Negligence Claims: A Practical Guide

Introduction

Medical Negligence claims can be complex, and people are often unsure whether their experience may give rise to a claim.

In our Guide, we answer common questions about Medical Negligence, including what is, when it may arise, what needs to be proven in a claim and the strict time limits that apply.

For further information on types of medical negligence compensation, including how claims are assessed and the factors that influence compensation, see Medical Negligence Compensation: A Practical Guide.

What is Medical Negligence?

Medical Negligence can occur in any healthcare setting. It arises when a doctor, nurse, hospital or other healthcare professional fails to provide care that meets the standard expected of a reasonably competent practitioner. As a result of this failure, a patient can suffer physical or psychological injury or, in some cases, death.

Not every poor medical outcome is the result of negligence, and a Medical Negligence claim only arises when certain factors are present.

What are Common Types of Medical Negligence?

There are many scenarios that may give rise to a Medical Negligence claim. The following examples are some of the most common types:

• Misdiagnosis or delayed diagnosis of a medical condition (e.g. Cancer, hearing loss, neurological conditions)

• Surgical error

• Incorrect medication prescription

• Birth injuries

• Dental injuries

• Failure to properly monitor a patient

• Delayed necessary treatment or referral for investigations

What is the Medical Negligence Test?

In order to have a valid Medical Negligence claim, it must be shown that two conditions have been met:

• A Breach of Duty of Care (Liability): It must be shown that the healthcare professional owed the patient a Duty of Care and breached that duty by acting in a way that no reasonably competent healthcare professional would have acted in the same circumstances.

• Harm Suffered due to that Breached Duty of Care (Causation): It must be shown that the harm a patient suffered was caused by the healthcare professional's errors i.e. on the balance of probability, the harm would have been avoided if the clinician had not made the errors that they did.

The balance of probability means that it must be shown there is at least a 50% chance that the clinician was responsible for the harm a patient suffered.

How do I Prove a Medical Negligence Claim?

Any Medical Negligence claim must be supported by strong evidence. The first step will involve collecting all relevant medical records from hospitals, doctors, consultants etc.

These records will then be reviewed by an independent medical expert with a specialism in the relevant medical field. They will provide an opinion on whether the treatment fell below acceptable standards and whether it caused the injury. This opinion is generally provided in the form of a liability and causation report. Supportive independent expert evidence is required before a Medical Negligence claim can proceed.

For related information, see our guide: Birth Injuries Explained: A Practical Guide

What are the Time Limits for a Medical Negligence Claim?

There are strict time limitations in place in respect of Medical Negligence claims. Missing these deadlines might prevent you from pursuing a case. The standard rule is two years minus a day from the date of the negligence. However, there are certain exceptions:

• Date of Knowledge: If a claimant and/or their family were not aware that negligence had occurred, the two-year limit will be counted from the ‘Date of Knowledge’ i.e. the date when the claimant was first aware of the following key points:

  • That they/their loved one has been injured

  • That the injury was significant

  • That injury was caused by negligent medical treatment

  • The identity of the person responsible for the injury

The Date of Knowledge could potentially be weeks, months or even years after the injuries occur, which can have a significant impact on how long a person has to claim.

• Age: Where the claimant was under 18 at the time the negligence occurred, the standard two-year time limit will be counted from their 18th birthday. They and/or their parents or guardians will therefore have until the claimant turns 20 to make a claim.

• Capacity: If the claimant is deemed to lack the mental capacity to pursue a claim themselves, there is normally no time limit for someone else to make a claim on their behalf. However, if the claimant later regains mental capacity (e.g. if they wake from a coma) then the two-year time limit will be counted from the date of knowledge as with a standard claim.

Why Choose Lavelle Partners for a Medical Negligence Claim?

Our award-winning Medical Negligence Team, headed by partner Avril Scally, have decades of experience in handling complex Medical Negligence claims.

We have developed a reputation for excellence, having being acclaimed as Medical Negligence / Personal Injury Law Firm of the Year at the Irish Law Awards in both 2023 and 2022.

We understand the significant impact that Medical Negligence can have on individuals and their families. We are committed to providing clear advice, practical support and a first-rate client-focused service throughout the claims process.

Further Information

For expert guidance on making a claim for Medical Negligence, please contact Partner Avril Scally or Solicitor Grace Molloy in our award-winning Medical Negligence & Personal Injury Team.