INSTRUCTING A SOLICITOR FOR A MEDICAL NEGLIGENCE* CLAIM
Our team of specialist medical negligence solicitors have over 60 years’ combined experience litigating these cases.
Medical negligence claims involve injuries that have arisen as a result of poor medical care and treatment. For example, it can involve a mismanagement of medication, delayed treatment, an incorrect interpretation of test results, inappropriate surgical or medical procedure technique etc.
By their very nature, medical negligence claims are complex as they require the Plaintiff’s solicitor to have a full understanding of the medical issues at hand. The Plaintiff’s solicitor is required to read through all the available medical records to note any important issues. General practice solicitors may not have the appropriate skill set to interpret the medical records and radiology and subsequently instruct the relevant medical professionals to prepare expert reports.
For this reason, we recommend you choose a specialist medical negligence solicitor. It is very important that the solicitor you choose to handle your claim understands the circumstances of how your injury* arose and how it is likely to affect your life moving into the future.
At McMahon Goldrick Solicitors, we have significant experience in medical negligence claims. We work with you and your family to fully understand your injury* and your needs. We know the necessary experts to instruct to ensure that your claim is properly and completely valued.
WHAT IS MEDICAL NEGLIGENCE*?
In Ireland, the true test for establishing negligence* in diagnosis or treatment on the part of a medical practitioner is whether he or she has been proved to be guilty of such failures as no medical practitioner of equal specialist or general status and skill would be guilty of, if acting with ordinary care.
However, in a claim involving medical negligence*, it is not sufficient to show that negligence existed. It must also be shown that, on the balance of probabilities, the negligence caused the specific injury in question.
Catastrophic injuries* as a result of medical negligence*
Medical negligence can be a factor in a cases involving birth injury, spinal injury and brain injury.
Cases can arise where life-changing injuries result from:
- Inappropriate surgical or medical procedure technique
- Delayed treatment
- Failure in diagnosis
- Mismanagement of medication
- Not providing patients with accurate information, or not involving them properly in decision-making around their own care.
- In addition, non-traumatic brain injuries that occur as a result of illness or a condition within the body can occur as a result of medical negligence.
Maternal birth injuries*
Maternal birth injuries are injuries sustained by a mother as a result of childbirth. The type and severity of the injury depends on the circumstances of the birth, including whether the birth was natural, instrumental or caesarean section delivery. If the injury arises as a result of the negligent mismanagement of the pregnancy, labour and/or delivery, the mother may have a medical negligence claim against her healthcare provider and/or hospital.
Common examples of maternal injury include:
- Vaginal and perineal tears
- Incorrect suturing (stitching) following an episiotomy or caesarean section
- Neurological complications as a result of epidural or spinal anaesthesia
- Nervous shock
HOW TO BRING A CLAIM
Read more below about the steps that are involved in bringing the following claims: