Types of Hospital Negligence Claims
Various types of injuries can be sustained in hospital environments. We have provided some general information regarding the most common types of hospital claims that our medical negligence team is experienced in dealing with. Follow the links below for further information.
At McCarthy + Co, we specialise in helping individuals across Ireland who have suffered due to hospital negligence. Our experienced team understands the complexities of medical malpractice law and is dedicated to guiding you through every step of your claim.
What is Hospital Negligence?
Hospital negligence occurs when medical professionals fail to provide the standard of care expected, resulting in injury or worsening of a patient’s condition. This can include misdiagnosis, surgical errors, medication mistakes, and inadequate aftercare.
Your Rights as a Patient
In Ireland, as is the case in most other countries, patients have the right to expect a reasonable standard of care. If you’ve experienced harm due to a hospital’s negligence, you may be entitled to compensation. This can cover medical costs, lost earnings, and pain and suffering.
How We Can Help
- Our experts will evaluate your case for free – We offer a no-obligation consultation to discuss the specifics of your situation.
- If we can take on your case, we’ll gather the evidence for you – We’ll collect medical records, witness statements, and expert opinions to build a strong case.
- We’ll help you navigate the legal process – Our team will handle all legal proceedings, negotiations, and paperwork.
Why Choose McCarthy + Co
- Expertise in medical negligence – We are a long-established firm with over 30 years of experience in hospital negligence related claims.
- Personalised attention to each case – We understand each case is unique and provide personalised legal strategies.
- A strong track record winning claims – We’ve successfully represented many clients in negligence cases.
- A commitment to your recovery – Our goal is to secure the compensation you need so you can focus on healing.
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Frequently Asked Questions
Some of the questions we are often asked in relation to hospital negligence.
What is the first thing to consider before bringing a hospital injury claim?
When pursuing a claim against a hospital, it is crucial to differentiate between a case of medical negligence and one stemming from an injury incurred on hospital premises, such as from a slip, trip, or fall. The latter is generally categorised as a personal injury case. This necessitates a distinct approach, beginning with the submission of a damages assessment application to the Personal Injuries Assessment Board (PIAB). It's important to note that the PIAB is not empowered to handle medical negligence claims. These are exclusively addressed through the court system.
Will I be bringing a claim against individuals responsible for my care?
Typically, if you experience inadequate treatment at a state-run hospital, you would direct your legal action against the hospital entity itself, rather than naming individual practitioners, such as triage nurses or consultants. This means your action is against a single entity represented by the State Claims Agency (SCA), which, in the case of most public hospitals, is the Health Service Executive (HSE). If you received care in a private hospital, there may be scenarios where your claim is brought against the consultant. However, if the hospital is vicariously liable for either the medical staff or any consultant working there, you are perfectly entitled to recover damages from it.
What is the Clinical Indemnity Scheme?
The Clinical Indemnity Scheme (CIS), established in 2002 and managed by the State Claims Agency, centralises the handling of clinical negligence claims in public healthcare settings. It encompasses all public healthcare enterprises, including hospitals and health centers, providing coverage and management of claims against healthcare providers employed by the Health Service Executive (HSE) and other public entities. The CIS not only deals with the assessment and settlement of claims but also emphasises the importance of effective risk management practices in healthcare to reduce incidents. This scheme represents a significant shift in Ireland’s approach to handling clinical negligence, aiming to streamline the process and ensure a more efficient, consistent, and fair treatment of such claims for both patients and healthcare providers.
Why consult a solicitor when bringing a hospital negligence claim?
Seeking a solicitor's advice before bringing a claim is crucial due to the legal complexities and evidentiary requirements of such cases. A solicitor can assess the merits of the claim, guide you through the intricate legal processes, ensure compliance with statutory time limits, and help gather necessary medical evidence and expert testimonies. A solicitor's expertise enhances the chances of a successful resolution, whether through settlement or court proceedings, and ensures that your rights and interests are adequately represented and protected throughout the process.
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.