While undergoing a medical procedure or treatment, a practitioner owes their patient a duty of care. If a medical practitioner breaches their duty of care and the patient suffers damages, injury or loss, due to substandard care or negligence, the patient may be entitled to compensation. Suing a hospital or pressing charges against a hospital or practitioner may seem intimidating, but injuries relating to medical negligence can often be life-altering. If you or a loved one was injured during surgery, you should seek legal advice regarding a medical negligence claim. At Peter Boyle & Co. Solicitors, we are experienced in pursuing medical claims and malpractice cases. Contact us today and we will aid you in following a personal injury claim due to hospital negligence.
If you have experienced hospital negligence, you may be in the position to sue a hospital and make a claim against the hospital. First, you need to speak with an experienced solicitor to determine your eligibility and the best course of action for your particular case. Next, you need to obtain medical records as it must be established and proven that the injury sustained was caused by the medical negligence of the doctor or medical staff tasked with your care. Your solicitor will usually do this on your behalf and will have your medical records assessed by an independent medical expert. Once it has been determined that you received your injury as the result of negligence, your solicitor will draft a ‘Letter of Claim’. This document will outline the grounds for your case and usually invite the medical practitioner to settle your claim. The outcome of this letter will vary greatly as every medical negligence claim is different, but Peter Boyle & Co. Solicitors will be beside you every step of the way.
We can organise a virtual meeting or, better still, after the online assessment or phone appointment, you can find us in our Dublin City Centre office. You can find us on the main street facing the iconic Church with dedicated and free parking for our clients.
While this may appear to be a lengthy time frame, putting together a successful claim takes a significant amount of time. You have to become aware of the injury and that usually only happens some months after the injury and often victims need time to get over the injury and recover and recuperate before they are ready to consider taking legal action.
Once a victim contacts us, we require a statement setting out the facts of the matter and we will perform an initial legal and medical screening of the case. If after this screening, we believe that this is a case that merits further investigation, full medical records will have to be taken up, independent medical experts will have to be engaged to review those records and the experts will have to provide a formal written report for the court that in their expert opinion, medical negligence has occurred.
Then barristers have to be engaged and complex legal proceedings have to drafted. Only then can the claim actually be submitted to the court. While we have streamlined this process as much as possible, it does take a significant amount of time. Therefore if you think you have a medical negligence claim, please get in touch with us as soon as possible – the success of your case depends upon contacting us as soon as possible.
General surgery complications is unfortunately a common form of hospital negligence. General surgery is usually an elective procedure but can be done in emergency situations. The doctor performing the surgery will typically do everything to ensure the success of the procedure. However, medical accidents can happen and it is important to recognise medical negligence early so that the effects of the medical accident can be rectified or reversed before progressing into a more serious or possible fatality. An investigation is vital to this process and should be undertaken immediately with the help of a solicitor experienced in medical negligence. Some common surgeries that can result in complications:
Procedures are typically approached strategically and with each patients condition in mind. These procedures might have a low level of risk but can quickly become life-threatening if the proper considerations aren’t observed. A whole new set of problems can be suffered by the patient if the surgery is incorrectly performed.
Some of these issues can arise from:
Pregnancy is one of the most life-changing events in a woman’s life. There are various difficulties that can arise throughout a pregnancy, which can add stress. However, a birth injury is sustained during delivery and can cause devastating injury to both the mother and child. Accidents can happen if the medical staff don’t provide sufficient care by way of mismanagement of pregnancy, delivery or aftercare. Injuries may be immediate or only manifest as the child develops in the coming months or years.
It is important to know the distinction between birth injuries and birth defects. Birth injuries occur during delivery or immediately after and range from nerve damage, broken bones to brain damage. These injuries may be unavoidable but can often be avoided should the right risk mitigation practices be followed. Birth defects occur during the pregnancy in the womb, usually naturally but can often be the result of poor medication choices or medical mismanagement.
Injuries to a mother or child during birth need to be examined to determine whether a third party is at fault or if the injury was unavoidable. Medical negligence, hospital negligence and avoidable medical complications all constitute the need for a personal injury claim against the medical practice or practitioner.
Injuries to the baby can include:
If you or a loved one has been subject to an injury sustained during birth or delivery at the fault of a third party or medical practice, you should seek legal advice concerning a medical negligence claim. At Peter Boyle & Co. Solicitors, we are experienced in this area and can aid you in pursuing a claim for compensation as a result of injury or death.
A brain or head injury can be life-altering and result in the need for care. If such an injury is caused by hospital negligence, medical negligence, poor care or malpractice, you may be eligible to make a claim against the responsible party. Depending on the severity of the injury, brain trauma can inhibit a persons ability to make decisions or pursue a claim on their own. If this is the case, an individual or “next friend” will be required to aid the person in their claim for compensation. Typically, a family member would be appointed to prosecute the case on behalf of the injured person. If you or a loved one has been inflicted with such an injury, you should seek legal advice as soon as possible.
The most common type of injury sustained is a skull fracture, either classified as ‘simple’ or ‘compound’. Simple fractures are ones that feature no break in the skin, but can often be dangerous. Intracranial injuries, including brain contusions and lacerations, are considered severe head injuries and can lead to lasting brain damage. Brain injuries impact an individual’s life to varying degrees so each case must be considered on the severity of the injury and loss of consciousness and/or cognitive function.
Types of brain injury can include:
At Peter Boyle & Co. Solicitors, we will advise you on the best way to approach a claim for compensation on the grounds of medical negligence, hospital negligence or medical malpractice. Please complete an online assessment form and we will get back to you as soon as possible.
If a surgical procedure is performed on the wrong area of the body or and the wrong side, this is cause for a medical negligence claim. In the medical world, this is known as a ‘never event’. A never event is a serious error that was completely avoidable and non-beneficial – commonly attributed to medical malpractice. As this surgery will not solve the previous issue, the patient will be required to undergo a second time, or even a third time if the first procedure needs to be rectified. This can cause an incredible amount of stress and increase the risk of further complications. Surgical procedures need to be kept to a high and planned out accordingly to avoid these disastrous occurrences. If you have been affected by an incorrect site surgery, contact us today for expert legal advice.
Hospital Negligence claims in Ireland cover a wide range of injuries, from minor injuries where a person recovers entirely in time to much more severe life-changing injuries that can negatively affect you for the rest of your life or become fatal. If you or a loved one has been affected by a negligent medical practice, please contact us or complete a free online assessment today.
Level 4, The Glass House
11 Coke Lane
Smithfield
Dublin 7, D07 WNP2
Call: 01 771 80 12
Email: info@peterboyle.ie
