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.

What is Hospital Negligence?

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:

• Provide a correct diagnosis in a timely manner

• Perform surgical procedures in a safe manner (including anaesthesia)

• Carry out medical procedures safely

• Review or correctly interpret scans, test results, x-rays, or any other diagnostic method

• Assess and treat patients within the required timescales

• Make sound clinical judgements

• Treat pressure sores

• Ensure hospital facilities, instruments, and equipment are sterilised properly

• Observe infection control protocols

• Inform patients of risks of medication or treatment

• Provide the correct medication or correct dosage

• Ensure facilities are safe (e.g. free from falls risks)

• Communicate effectively at all levels

• Assess risks

If you are unsure if the events that happened to you would be considered medical negligence, please contact one of our Medical Negligence solicitors who will take the time to hear the details of your situation and advise you of your options.