Medical Negligence Solicitors

Experienced Medical Negligence Solicitors. Don’t settle for less – talk to us to secure the best possible outcome for your medical injury*

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Medical Negligence Solicitors

Gibson & Associates LLP are specialised medical negligence solicitors. You may be entitled to pursue legal action to file for a medical negligence claim if you were injured by a medical error caused by a medical practitioner or professional .

How do medical negligence claims arise?

Under various different situations and circumstances can medical negligence occur. To further explain some examples could be:

An error occurred while performing surgery
A patient was misdiagnosed
An illness or medical need is not noticed by a medical practitioner
The standard of care provided by a medical practitioner is below expectation.
Sometimes, medical practitioners injure, cause loss of quality of life, or even lead to a death due to their negligence.

From avoidable pain to emotional trauma, injuries due to medical negligence can have a severe impact on your well-being.

As patients, we trust our medical experts to care for us when we’re most in need. However, occasionally situations occur that leave us at risk of avoidable injury, illness, or pain.

Our Medical Negligence Solicitors

Gibson & Associates LLP can help you claim* for medical negligence. From surgical errors to dental malpractice, we have friendly and understanding solicitors who are highly experienced in these areas.

Having a successful claim* offers you financial relief when you need it most. It can help pay for further medical help or compensate for time taken off work while you’re recovering. Our solicitors will go above and beyond to ensure you receive the outcome you deserve.

Medical Negligence

To claim for medical negligence, you’ll need to prove that the medical professional failed to carry out their duties responsibly and that their negligence caused you to be in the position you’re in today.

Your experienced solicitor will identify this and help you source the expert medical reports required. We will support you each step of the way.

Call us now on +353 1 264 5555 to speak to a member of our team.

What is Medical Negligence?

Medical Negligence, or clinical negligence, is when a medical professional causes harm to a patient due to an error that leads to patient sustaining personal injuries or illness. The majority of medical professionals are dedicated, diligent, and practice safely. By doing so, you ensure that you are receiving the best medical treatment possible.

The Gibson & Associates medical negligence solicitors in Ireland can provide legal advice on the following type of medical negligence claims:

Cosmetic Surgery Claims
Medical Care and Surgery Claims
Birth & Gynaecological Claims
Other Types of Claims

Where can medical negligence occur?

Medical negligence is the cause that leads to medical malpractice, and it can occur in a variety of places/locations such as:

Public/Private Hospitals
Public/Private Maternity Hospitals
Private Cosmetic Hospitals
Dental Surgeries
Opticians

Medical negligence claims and types of Situations?

Situations where medical negligence can occur include:

There is a delay in diagnosing an illness or injury that could lead to negligent treatment
Misdiagnosis could become a medical negligence case
If an error occurs during a surgical procedure that can cause patient pain and suffering
Wrong medicine was prescribed
The duty of care towards the patient was substandard, that is below expectations
Contraction of an illness or worsening caused by substandard clinical hygiene
Inaccurate test results
Providing substandard preoperative care – not communicating risks involved in surgery
In the aftermath of surgery, foreign bodies or surgical instruments are retained by the patient

What type of medical negligence claim do you need advice on?

Misdiagnosis or failure to diagnose a condition; is one of the more common medical malpractice claims. And, cancer is the condition most often misdiagnosed.
Childbirth injuries; During the delivery of a child, sometimes, sadly, things can go wrong. And, a lifelong serious injury for the child can result. One such instance is a condition called Cerebral Palsy, this condition prevents the child’s brain from developing normally and is caused by a lack of oxygen during the birthing process. Compensation in these cases is significantly large, deservedly so, to help with the costs of lifetime care.
Dental Malpractice cases are on the rise in Ireland, assumingly due to more people now visiting dentists, and the demand for cosmetic procedures. One woman in Dublin was awarded €255,000 after she was left in excruciating pain from fitted braces that she did not require.
Medication errors are a common problem, especially in Irish hospitals. ‘In 2016 there were a total of 5,505 medical negligence cases reported across 50 acute hospitals, resulting in an average of 110 medication incidents per hospital.’ – State Claims Agency
Anesthesia errors. A scary prospect is accidentally waking during surgery. Thankfully, this is a very rare occurrence; approximately 1 out of every 19,000 surgeries in Ireland and the UK.
Surgical error. From time to time, reports come in of medical-surgical errors. Typical examples of these errors are incorrect body parts marked for surgery, or, objects (such as swabs) left in the body after surgery.
Cosmetic surgery malpractice. One cosmetic surgery clinic in Dublin faced dozens of legal actions for a variety of surgical errors and malpractices — one woman died of a gastric band operation that went wrong.

Please find below an extensive list of medical malpractice claims, so if you think you may have been a victim of any type of medical malpractice you should speak to one of our expert medical negligence solicitors.

Cosmetic Surgery Claims

Cosmetic Surgery Claims
Blepharoplasty Claims
Rhinoplasty Claims
Liposuction Error Claims
Gastric Band Surgery Negligence Claims

Medical Care and Surgery Claims

Never Event Claims
Hospital or private hospital Negligence Claims
GP Negligence Claims
Dental Negligence Claims
Pharmacy Overdose Claims
Retained Surgical Instruments Claims
Breast Surgery Claims

Birth & Gynaecological Claims

Birth Injury Claims
Cerebral Palsy Claims
Erb’s Palsy Disorder Claims
Gynaecological Injury Claims
Obstetric Injury Claims
Forceps Injury Claims
Perineal Tear Injury Claims

Other Types of Claims

Cancer Misdiagnose Claims
Testicular Torsion Claims
GP Negligence Claims
Cancer Misdiagnosis Claims
Hepatitis C Claims

Am I eligible for a medical negligence claim?

If you think you have endured medical malpractice, possibly due to an injury or making a previous condition worse, you could be eligible for remuneration. As a general rule, to establish the validity of a claim, the injury or illness must have been ‘avoidable’ if adequate medical care was given. The following circumstances must be prover, for a medical negligence claim to be eligible:

The existence of doctor-patient relationship
Proof that the medical professional was negligent during practice

In order to prove this, your solicitor will build your case to show that you had a patient-physician relationship during the time of your injury. In addition to proving the eligibility of this claim the prescriptions and other records, you will need to show invoices from the doctor who you claim was negligent.

In order to prove that your doctor was negligent, your solicitor will hire an independent medical expert. It is the third party’s responsibility to analyse your case, medical records, and the doctor’s actions in order to determine whether the injury was caused by the doctor’s negligence ‘more likely than not’. They will determine whether you have been subject to sub-standard medical care. Their response will either confirm or deny that they could have avoided your injury or illness if they had carried out the procedure.

To find out if you qualify for a medical negligence claim, contact us to tell us more about your case.

How do I make a medical negligence claim?

Having gathered all the necessary information regarding your injury, you can then move forward with your claim. Using a specialist medical negligence solicitor to file your claim is very important.

Discuss with our Medical Negligence Solicitors

When you feel that you were not treated appropriately by a medical professional, resulting in injury as a result of a medical professional’s actions or inactions, you need to consult a medical negligence solicitor immediately following the incident. Filing for a medical negligence claim is a complex topic in the Irish Law. And to bring forward this claim it is best to discuss with a medical negligence solicitor before hand. So that the medical negligence solicitor can ensure that no important detail is missed throughout the legal process. Your claim procedure may be delayed if you file it without consulting a solicitor first. The time limit associated with your medical negligence claim can be determined with the help of a solicitor.

Obtaining all relevant medical records before filing for a claim

A medical negligence claim must be established and proven that the injury sustained was caused by the doctor or medical staff tasked with providing your medical care. Consequently, your solicitor will request access to your medical records after speaking with you about your case. At this stage of your claim, the solicitor will have a third party medical expert assess your medical records. Following this way, we’ll be able to determine whether your surgeon or medical staff provided substandard medical care and if negligence caused the injury. If the appropriate level of medical care had been followed, your injuries/outcome might have been avoided.

Letter of Claim

Your solicitor will draft a Letter of Claim if the independent medical expert concludes that medical malpractice has occurred. The purpose of a Letter of Claim is to outline the nature of your case and to invite the medical practitioner to settle it. Your case and response to your Letter of Claim will determine whether your case will be brought to court or settled out of court in the next steps. Every step of the legal process your solicitor will be with you to guide you through it.

Dedicated medical negligence lawyers at Gibson and Associates LLP have years of experience handling traumatic medical injury cases. We are aware of the injuries you have sustained, both physically and emotionally, and have supported and assisted many people in similar situations in pursuing medical negligence claims in Ireland.

Meet Our Personal Injury Team

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what our clients say…

Highly recommend. Used this firm for a medical negligence claim, always updated with what was happening and a great result at the end. Definitely recommend Emmett especially.

H Mc Daid

Tested & Trusted. Have used the Letterkenny branch several times, I always triumph with the biggest smile.
Very reliable, trustworthy and professionally Excellent in all legal duties. 10 stars rating for me, if possible.

Ben E

I would have no hesitation in recommending Gibson & Associates Solicitors to any person who needs a good professional team to represent them on any legal matter. The team was courteous at all times.
Leigh Howard, Dublin

I would recommend Gibson & Associates Solicitors to my family and friends. My solicitor kept me updated regularly and was courteous and professional at all times.
Kim Nolan, Dublin

How We Do Things

1. Meeting To Discuss Your Case
To get a better understanding of your case and the injuries you’ve suffered, we’ll organise a consultation with you. We can do this over the phone, at our offices or even by video call.
2. Arrange the medical report
Once we’ve assessed your case, we’ll send for your medical reports to be collected from a medical professional.
3. Present the case to the Injury Board
Our highly experienced personal injury* team will put together a detailed and strategic case designed to get you the compensation you deserve. We’ll then present this case to the Injury Board.

4. The Injury Board assesses your case
After we’ve presented your case, the Injury Board will assess how much compensation you’re likely to win.
5. Decide to accept or reject the offer
As soon as you receive an offer from the injury board, our solicitors will give an honest assessment into how fair they think it is. This will help you decide whether or not to accept it.
6. You receive your claim* / Go to court
If you choose to accept the offer, an “order to pay” will be sent to the other party and you’ll receive your compensation. If you choose not to accept the offer, our personal injury* team will prepare your case for court.

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What’s different about Gibson & Associates LLP?

OUR EXPERTISE

Gibson & Associates LLP is one of Ireland’s leading law firms. No matter your situation, our team will use their experience to make sure that you benefit from the best possible outcome.

OUR ETHOS

We put our clients at the heart of everything we do and work tirelessly to get the best results.

We treat clients and each other the way we’d like to be treated and for us “good enough” just isn’t good enough!

WE USE CLEAR, SIMPLE LANGUAGE

We don’t try to impress with “legalese” and jargon. We use clear, plain language.

WE GIVE YOU A DEDICATED POINT OF CONTACT

The person responsible for your case will never change. You’ll be assigned a dedicated point of contact who will take charge of your case from start to finish.

OUR TRANSPARENCY

At Gibson & Associates LLP, we’re clear about our processes and transparent when it comes to costs. Before progressing any case, we offer a no-obligation consultation with our client care team and will provide you with practical options. Integrity and transparency are core to how we work with all of our clients and means we’ll always treat your case as if it was our own.

FAQS

HOW DO I ACCESS MY MEDICAL RECORDS?

A copy of your medical records can be requested from the hospital, clinic, or medical professional that treated you under the Freedom of Information Act. Alternatively, we can arrange to take up a copy of your records on your behalf. It will be necessary for you to sign an authority permitting us to take up the records.

IS THERE A TIME LIMIT ON MAKING A CLAIM?

Legal proceedings must be commenced within 2 years of the date of knowledge of the injury, subject to certain exceptions. In a lawsuit, the ‘date of knowledge’ refers to the date on which the plaintiff knew or ought to have known that he or she had suffered an injury. An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin to run until a child reaches their eighteenth birthday. For more information see: Child Injury Claims.

DO I NEED TO MAKE A ‘PIAB’ APPLICATION BEFORE FILING FOR MY MEDICAL NEGLIGENCE CLAIM?

No. Medical negligence cases do not require the involvement of the Personal Injuries Assessment Board (PIAB). Claims arising from the provision of a health service, medical advice or treatment or the carrying out of a medical procedure are outside the remit of PIAB.

WHAT ARE GENERAL AND SPECIAL DAMAGES CONCERNING MEDICAL NEGLIGENCE?

As a term used in personal injury litigation, general damages refer to the amount placed on the victim’s pain and suffering, which may include psychological trauma, loss of consortium, etc. In essence, general damages relate to non-monetary losses suffered by the claimant and which are not capable of exact quantification.

The term special damages refers to monetary losses that are quantifiable, such as medical treatment expenses or income loss that has been certified. These are consequential financial losses suffered by you which are directly to the negligent treatment and harm caused. In other words, these are ‘out-of-pocket’ expenses incurred which might also include the cost of corrective surgery or treatment, medication, rehabilitation costs, travel expenses, and so on.

HOW LONG WILL THE MEDICAL NEGLIGENCE CLAIM TAKE?

The resolution of medical negligence cases is often complex and takes a long time to be fully resolved. It depends on the type of injury suffered, the expected recovery, and the type of negligent treatment alleged. An expert in the particular field at issue will need to prepare a medical opinion before proceedings can be initiated. An expert will have to examine your records and examine you before providing a final report, so it may take some time. If the report indicates negligence, the case can be settled or, if necessary, brought before a judge.

During your initial consultation, we will discuss the details of your potential claim with you, as well as the process involved and the estimated timeline. We will keep you informed about any developments in your case, including any offers or attempts to settle your claim. It is our sole aim to ensure that you receive appropriate compensation for your injuries, as quickly and effectively as possible.

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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.