Medical Negligence Compensation: A Practical Guide

Introduction

If you have suffered harm as a result of Medical Negligence, you may be entitled to compensation.

In our Guide, we explain the types of compensation, how claims are assessed, the factors that influence compensation and how a Solicitor can help.

For further information on Medical Negligence claims, including what needs to be proven and the time limits that apply, see Medical Negligence Claims: A Practical Guide.

What Compensation can I Claim for Medical Negligence?

In Ireland, compensation in Medical Negligence cases is generally calculated by assessing both General Damages and Special Damages.

General Damages: These include compensation for pain and suffering, including:

• Physical pain

• Psychological injury

• Disability

• Reduced quality of life

• Loss of independence

• Reduced life expectancy

There are guidelines, such as the Personal Injury Guidelines from the Judicial Council that are often used in Medical Negligence cases to determine specific compensation ranges.

Special Damages: These include compensation for actual out-of-pocket expenses, including:

• Loss of earnings (past and future)

• Medical expenses

• Travel costs

• Prescription costs

• Pension loss

• Future surgeries or treatment

• Long‑term care

• Home adaptations

• Specialist equipment

• Therapies

The aim is to put the injured person, as far as money can, back into the position they would have been in had the negligence not occurred.

For further details about when medical negligence may arise, what needs to be proven in a claim and the time limits that apply, see Medical Negligence Claims: A Practical Guide.

How is Compensation Calculated?

How much compensation is available for a specific instance of Medical Negligence will be determined by the impact on the patient of the harm caused. This can include:

• Severity of injury

• Whether the injury is permanent

• Age of patient

• Impact on employment

• Level of disability

• Requirement for ongoing care

• Prognosis

• Causation issues

What Are the First Steps in a Medical Negligence Claim?

If you think you may have a Medical Negligence claim, there are a number of important steps you should take as early as possible:

• Write down what happened while it is fresh in your mind

• Keep copies of all correspondence and medical receipts

• Request your medical records

• Seek legal advice as soon as possible

How Can a Solicitor Help with Compensation?

A Solicitor can asses whether you may have a claim, gather the necessary evidence and arrange for independent medical experts to review your case.

They can also guide you through the claims process, ensure that key deadlines are met and and help you understand the compensation that may be available.

Why Choose Lavelle Partners for Medical Negligence Compensation?

Our award-winning Medical Negligence Team, headed by partner Avril Scally, have decades of experience in handling complex medical negligence compensation 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 and we strive to provide clear advice, practical support and first-rate client service throughout the claims process.

See how we have recently helped clients in cases involving a delayed cancer diagnosis claim, hospital surgical negligence and a delay in diagnosing hip dysplasia.

Further Information

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