A medical negligence claim* may arise if you have suffered an injury as a direct result of medical mistreatment or lack of care received while under the care of a medical authority or practitioner (such as a hospital or a doctor).
The following would be the most common types of medical negligence :
- Cancer misdiagnosis
- Error or delay in a diagnosis
- Failure to act on test results
- Inadequate follow-up care
- Failure to gain consent for treatment
- Error in prescription or medication
- Cosmetic surgery
- Surgical negligence
- Medical misdiagnosis
In order to succeed in a claim for medical negligence, it is necessary to establish that no reasonably competent practitioner in that relevant field, at that relevant time, with the same qualifications and expertise, in the same set of circumstances, would have acted in the same way. Once it is established that the practitioner would have not acted in the same way, you must then prove “causation”. This means that there must be a link between the incident and the injury. A medical negligence case must be taken within 2 years from the date of the accident/injury. However, there are exceptions to this rule but you should obtain legal advice to determine if you fall under these exceptions or not.
At Holohan Lane LLP solicitors, we are conscious that medical negligence can have a devastating effect on both the individual’s life and family. We offer compassionate and expert advice during this difficult period. We always believe that not only should our client get compensation wherever appropriate, but we also hope to obtain any explanation from a hospital or doctor setting out what happened and why.
*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement
