Types of Medical Negligence Claims
Our medical negligence team have over 30 years of experience bringing successful claims in the following areas.
If you have sustained an injury whilst in hospital or due to negligent aftercare following a hospital visit, our team can assist you.
If you have received substandard care from a healthcare practitioner such as your GP, your dentist, or care home worker, our team can assist you.
If you have suffered due to the incorrect or negligent administration of a healthcare product such as a faulty medical device or vaccine, our team can assist you.
There are many reasons why you might wish to make a medical negligence claim. You may have suffered due to a misdiagnosis or you could have been injured because a procedure was carried out incorrectly. Either way, medical negligence can cause serious injuries and if you think it might apply to your situation, you should take legal advice as soon as possible.
McCarthy + Co. has the experience in handling a large number of medical negligence cases and successfully negotiating settlements for clients.
Some of the Key Areas Where Our Team Has Expertise Includes:
The advice given by medical professionals is essential to our well-being. On the occasions when medical staff get it wrong, it can have a devastating impact on the quality of your life and the long-term consequences for your health. If you have suffered the misfortune of a medical misdiagnosis, you may be eligible to make a claim for compensation.
Mistakes made during surgery can leave you with long-lasting pain and severely diminish the quality of your life. If you have suffered as a result of surgical negligence, you may be eligible to make a claim for compensation.
Prescription Error & Medication Negligence Claims
If a medical professional has prescribed a form of medication in error, it can potentially result in grievous physical or mental health side effects. If a prescription error has caused you distress or injury, you may be eligible to make a claim for medication error negligence.
Birth Injury Compensation Claims
If you, or your child, has suffered as a result of sub-standard medical care in pregnancy or in labour, it can have a devastating impact on the quality of life for both of you. If you have a grievance with the doctors or midwives handling your child’s birth, you may be eligible to instigate a birth injury compensation claim.
Being diagnosed with cancer is devastating for you and your family and is made even harder if a treatable illness has been misdiagnosed or diagnosed too late. Our expert team of medical negligence solicitors have many years of experience in assisting patients with bringing cancer misdiagnosis claims, including the late diagnosis of blood, bone, brain and lung cancers.
Speak to our legal team now about your case. Call us Freephone on:
1800 390 555
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Frequently Asked Questions
Some of the questions our legal team are often asked in relation to medical negligence cases.
What is the legal definition of medical negligence?
In Ireland, medical negligence is defined as an action taken by a member, or multiple members, of medical staff that fell below an acceptable standard of care and directly caused an injury or the development of a disease to the patient. Medical staff that can be held accountable for negligence include doctors, surgeons, and other clinicians, but also support staff such as nurses, care workers and medical receptionists.
How do I make a complaint regarding negligent medical care?
If your complaint is related to public health services provided by, or on behalf of, the Health Service Executive (HSE) in Ireland, you can visit their website for details on initiating a formal complaints procedure. If your complaint is related to a private health service, you will need to take the matter up with the relevant industry regulator. Further advice on this can be found on the Ombudsman website.
How do I prove my medical negligence case?
If you believe that you have been the victim of medical negligence you should contact a solicitor who specialises in medical negligence claims. They will be able to commence investigations that will establish whether you have the grounds to bring a case. Proving that your healthcare provider is at fault can be a complex matter that will involve input from a range of witnesses and specialists, including medical experts who have experience dealing with the type of injury you sustained.
When does medical negligence become a criminal matter?
If carelessness in a medical care matter is so severe that it is judged to be “gross”, the medical professional concerned may be subjected to a charge of criminal negligence. Cases where gross medical negligence is claimed involve wilful or reckless behaviour on the part of the medical practitioner, with either a blatant disregard for the duty of care to the patient, or a deliberate attack on the victim with the intention to do them harm.
Can I make a medical negligence claim for poor dental treatment?
Yes. There are many scenarios where it is possible to bring a claim for compensation against your dentist or a member of the dental clinic staff for negligent care. This includes failure by your dentist to take accurate medical information before commencing your treatment, failure to fit implants correctly and failure to implement cosmetic procedures properly causing pain, stress, and anxiety.
Can I make a medical negligence claim after 20 years?
In most cases you cannot, but there are certain exceptions. The Statute of Limitations imposes a strict time limit of two years within which an injured person must commence their medical negligence claim. If you don’t commence proceedings within the rigid time limits set out under Irish law, you will not be able to progress your claim no matter how serious your injury is. However, if it can be shown that you did not have all the information necessary to know that you may have a medical negligence claim (if, for example, you first received a diagnosis of your injuries several years after the negligent treatment that caused them) the time within which you may bring a claim may be extended. Please see our blog for further details on this.
What are the statute of limitations for medical negligence cases in Ireland?
A statute of limitations is a law passed by a legislative body that sets the maximum time after an event when legal proceedings may be initiated. For medical negligence cases in Ireland, this is two years from the date on which you suffered your injury to the date of issuing proceedings.
How much compensation will I get for my medical negligence claim?
Compensation for medical negligence cases varies considerably dependent upon the extent of your injuries and the impact the injuries have on your quality of life. It’s not possible to tell how much compensation you will receive at the start of a case as expert evidence on your long-term prognosis needs to be assembled. Many successful medical negligence claims will result in general damages for pain and suffering followed by special damages which compensate for things such as loss of earnings due to the injury.
About McCarthy + Co
The most important thing you can do to give you the best chance of a successful claim is to work with a firm of solicitors who have expertise in the field. McCarthy + Co. are medical negligence claims specialists with more than 30 years of experience in providing legal advice, guidance and assistance to clients across Ireland.
We are a family-run business with offices in Dublin and Cork, but we have dealt with clients everywhere from Galway and Limerick to Waterford. We are honest, plain-speaking and thorough – we will work alongside you to ensure that you get the compensation that you deserve.
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.
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Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.