Medical Negligence

What compensation am I entitled to?

If you’ve read much of the information on this site you’ll be in no doubt about one thing: every medical negligence case is as unique as it is complex. For this reason, if anyone is willing to give you an opinion on what your claim is worth before some pretty lengthy and painstaking investigations have [...]

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The Nightmare That Is The HSE

The HSE was in the news yesterday when a report prepared for the organisation itself last year became public which showed how money is spent and wasted within the HSE. The HSE is a Frankenstein’s monster of former regional health boards that were cobbled together in the vain hope of achieving those illusive goals of [...]

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What does legal disability mean for time limits in medical negligence?

Another relaxation of the harshness of the Statute of Limitations is that time will be deemed not to run against a patient during any period in which they are deemed to be under a legal ‘disability.’ One important example of such a legal disability is where someone is under the age of eighteen. The effect [...]

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How will I know if I have a medical negligence case?

If you suspect that you have been the victim of medical negligence the first thing you need to do (after, of course, receiving all appropriate remedial medical treatment) is to make contact with a solicitor specialising in medical negligence claims who will go about commencing the investigations necessary to establish whether or not you’ve got [...]

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When is medical treatment negligent?

In order to be entitled to compensation, a claimant must show that the medical practitioner has liability to them in negligence and that there is what is referred to as ‘causation’ between that negligent behaviour and the injuries actually suffered.  We, therefore, need to consider the concepts of liability and causation in turn. Liability To [...]

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What is the purpose of bringing a medical negligence claim?

While you may think that the answer to this question is so obvious that it doesn’t warrant asking, you’d be surprised at the number of people who expect outcomes from a medical negligence action which are impossible to secure.  This is why I believe that it’s worth considering what can and cannot reasonably be expected [...]

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Can Irish solicitors advertise a no-win-no-fee service?

The Solicitors Acts, 1954 to 2002 Solicitors (Advertising) Regulations, 2002 forbid any solicitor from publishing an advertisement which include words or phrases such as “no win no fee” or “no foal no fee” or other words or phrases of a similar nature which could be construed as meaning that legal services involving contentious business would [...]

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What are the rules regarding no-win-no-fee arrangements in Ireland?

In this country the basis upon which a solicitor and client agree the extent of the legal fee to which the solicitor will be entitled if the case is successful is a contractual matter to be agreed on between the parties. If there is a dispute between the parties it can be submitted to an [...]

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Risk of bloods clots to women using oral contracteptive pills

A growing body of research has shown that many Irish women who are taking some of the most popular contraceptive pills risk developing potentially life-threatening blood clots. While scientific investigations are ongoing, it is suspected that the synthetic oestrogen used in this type of contraceptive may increase the risk of deep vein thrombosis (DVT) DVT [...]

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The Latest Threat to Freedom of Information

Freedom of information is an essential component in the balance between the rights of the individual and the State. When it was first introduced in Ireland in 1997 it was pretty revolutionary, and a huge leap out of the dark. Then in 2003 it was drastically curtailed, the detriment of the citizen (hint, that’s you [...]

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The Case for Candour in Medical Negligence

The Patient’s Rights, Access to Justice and the Case for Candour conference that took place last week. Its focus was mistakes in the medical treatment of patients which apparently have cost the State €400 million in medical negligence compensation since the recession began. One contributor to the conference pointed out that the number of patients [...]

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Phased Compensation Orders

Yesterday’s talk about compensation put me in mind of a recent very positive development in this area. Monetary awards are the only means we have for compensating individuals for injury or loss suffered by them. The courts have placed a cap on what will be awarded as general damages for pain and suffering. Therefore, there [...]

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