Hospital Negligence
There is little doubt that our hospitals are now facing considerable demand for beds and services.
Despite this, the thousands of staff that are tasked with providing physical and psychological health services across Ireland work tirelessly to provide the best level of care possible. The demand for services is due in part to the ageing population, but also the general trend of providing increasingly complex medical interventions which were unthinkable even a couple of years ago. Recognising the need for increased funding, in 2018, the government committed to investing €10.9billion of capital funding for the health services over the next decade.
Medical professionals in all hospitals, whether private or public, have a duty to protect the health of patients. And when serious mistakes occur in medical treatment, also referred to as medical (or clinical) negligence, patients have a right to seek recourse. In some cases, claimants are primarily driven to ensure that what happened is investigated and changes put in place such that another patient isn’t impacted by the same negligent act. Many patients also have a real need to claim for damages relating to the costs associated with their injury.
Any act (or failure to act) by a health professional within a hospital setting, which causes you damage, injury, disease or illness, may constitute medical negligence. It is important to understand that not every action will be deemed in law an act of negligence.
Taking into account the breadth of physical and psychological roles within any hospital across Ireland, there are many examples of potential negligence by health professionals; these might include (but are not limited to) the failure to:
If you are unsure if the events that happened to you would be considered medical negligence, please contact one of our hospital negligence solicitors who will take the time to hear the details of your situation and advise you of your options.
You may be able to bring a claim for hospital negligence which has caused you harm depending on the circumstances. To prove medical negligence, it must be shown that:
Ultimately, this test is designed to determine if another health professional in the same role would reasonably have made the same mistake. For example, if an error is made during surgery, it might be deemed that such an event could have happened to any competent surgeon, such were the risks of the procedure. If on the other hand, unreasonable risks were taken which other surgeons would have understood and mitigated, this may suggest negligence has occurred.
If you have reason to believe you have suffered damage or injury as a result of a mistake made in hospital, we may be able to assist you.
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 hospital negligence 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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