January 31, 2023
Healthcare law – a year in review.
Over the course of the last year, there have been many interesting judgements in the High Court and the Court of Appeal in relation to healthcare and personal injury law....
Accident & Emergency (A&E) Negligence
Across Ireland, our hospital Accident and Emergency (A&E) departments serve a vital function dealing with urgent cases of injury and illness.
It is important to remember that even if your A&E department is experiencing high demand, you are owed a duty of care. This means you must be fully and properly assessed to determine the appropriate clinical pathway for your condition. Starting with the triage stage, you should be quickly assessed to determine the urgency of your condition and, if necessary, be prioritised to be seen by an A&E consultant.
While most urgent cases are handled with expertise and professionalism the standard of care provided can fall short, and in doing so can lead to medical harm being caused. Any error during your time in A&E can have future implications for your health and wellbeing.
At every stage in A&E, decisions are being made about you including how best to assess your current medical state, which specialists to involve, interpreting blood tests and scans, deciding which interventions are needed, and where you should go next. At each of these stages an error can occur which can have serious consequences. For example, poor team communication might mean you don’t receive the correct dosage of a drug, or a scan is not properly assessed. The range of possible errors caused by those overseeing your care are considerable, but include:
Medical professionals regardless of seniority all have a duty of care to protect your health. This includes explaining to you any treatments you need and any associated risks or side-effects. Failure to explain the clinical risk of a treatment or procedure consented to, which then leads to injury or health damage, may also constitute medical negligence.
You may be able to bring a claim for medical negligence in A&E which has caused you harm depending on the circumstances. To prove medical negligence, it must be shown:
If you have reason to believe you have suffered damage or injury as a result of a mistake made in A&E, we may be able to assist you. When you first contact us, we will listen carefully to the details of your case and advise on whether you may have a valid claim.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
For further information on making a claim following health problems caused due to medical negligence at an A&E department in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at ascally@lavellepartners.ie
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.
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