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Hospital Negligence

Ireland is renowned for its high-quality hospital care. When we place our trust in a hospital and its healthcare team, a lapse in care can be deeply troubling and have lasting impacts.

Our experienced medical negligence team understands how hospital negligence can affect your life and is dedicated to providing clear and practical advice about your legal options. Please call us today to discuss your situation or book an appointment with us online.

A hospital scene with two healthcare professionals in surgical attire working in the background, while a medical monitor in the foreground displays abnormal vital signs, suggesting potential medical oversight.

What is Hospital Negligence?

Hospital negligence can have serious consequences for patients and their families. It involves a breach of the duty of care that healthcare professionals must provide to their patients, leading to harm, injury or illness. This can happen when medical staff fail to follow established protocols, make errors in treatment, or overlook critical information about a patient’s condition. Negligence in hospitals can manifest in many ways, often resulting in prolonged suffering, additional medical complications, or even death.

Duty of care is a legal obligation requiring healthcare professionals to act in the best interest of their patients, ensuring they receive competent, diligent, and timely attention and treatment. This includes accurate diagnosis, proper treatment, and maintaining hygienic conditions. Negligence can occur in various settings within the healthcare system.

Whether in an emergency department, during a stay in a ward, or at a day surgery facility, the potential for negligence exists when the care provided falls below the accepted standard, causing harm to the patient.

At Gibson and Associates LLP, our team of medical negligence specialists is dedicated to providing compassionate and professional legal support and ensuring the best possible outcome for your situation.

Examples of Hospital Negligence

Examples of hospital negligence that can lead to patient harm include:

  • An incorrect or delayed diagnosis leading to postponed or improper treatment
  • Infections due to poor surgical hygiene, including the use of non-sterile instruments during procedures
  • Medication mistakes, such as administering the wrong drug or incorrect dosage
  • Surgical errors, like operating on the wrong site or leaving instruments inside the body
  • Inadequate patient monitoring, resulting in worsening conditions or complications
  • Poor post-surgery care, leading to avoidable complications or extended recovery time
  • Insufficient staffing or inadequately trained personnel causing below-standard patient care
  • Failing to obtain proper consent for procedures leaving patients uninformed of risks and alternatives
  • Mismanagement of medical records, leading to incorrect treatment plans
  • Failing to act on test results promptly, causing delays in diagnosis and treatment

If you or a loved one suffered an injury or illness while in hospital but are unsure if it was the result of hospital negligence, please get in touch with our team. We can discuss your experience and advise you on what to do next.

Hospital Negligence in Ireland

Hospital negligence can have serious and far-reaching effects for patients and their families. While medical and healthcare professionals in Ireland are widely recognised for their excellent standard of care, unfortunately, there are several cases of patients suffering harm due to substandard care.

From being prematurely moved from the ICU, to failing to scan a patient when indications of severe illness are present, alongside overcrowding which results in delayed treatment, patients in Ireland have suffered injuries, new or worsening illnesses and even died as a result of hospital negligence.

These situations underline just how crucial it is for medical and healthcare professionals to provide attentive and timely care consistent with their professional standards to safeguard patient health. At Gibson and Associates LLP, we’re here to help you navigate these challenges and seek the support you need.

If you need assistance, please contact Gibson & Associates LLP on 01 264 5555 for dedicated legal support tailored to your needs.

About Gibson & Associates LLP
Leading Medical Negligence Solicitors

We trust our hospitals to help us recover from health challenges, yet when things go wrong it can be incredibly upsetting. From delayed diagnoses and surgical errors to mistakes in medication dosage or type, hospital negligence can have devastating impacts for patients and their families.

Our experienced team of medical negligence specialists understand you might feel overwhelmed by your experience. We are dedicated to listening to you and offering clear, practical guidance on your legal options. Wherever you are located throughout Ireland, we can provide the support you need to navigate the legal process.

Call us today on 01 264 5555 to talk to a team member and discuss your case.

Proving Hospital Negligence

Proving hospital negligence involves demonstrating that a medical or healthcare professional or professionals did not meet a certain standard of care. This means the care received fell short of what is typically required in the medical field and resulted in harm to you or a loved one.

To establish this link, it is crucial to gather thorough documentation. This includes detailed medical records, which provide a record of the care you received, and expert medical opinions, which can clarify whether the standard of care was breached. Establishing a clear connection between the negligence and the resulting harm is essential for a strong case.

At Gibson & Associates LLP, we assist clients to gather the necessary evidence to prove medical negligence, relieving them of the administrative burden so they can focus on their recovery. Our team also provides expert guidance and legal support, helping clients navigate the process and pursue compensation for the injuries and suffering caused by hospital negligence.

Call us today on 01 264 5555 to talk to a team member and discuss your case.

Frequently Asked Questions

Is there a time limit on making a claim?

Legal proceedings must be commenced within two 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 until a child reaches their eighteenth birthday. For more information see Child Injury Claims.

What will compensation cover?

Compensation for a brain injury claim may cover medical expenses, lost wages, future medical bills, future lost earnings, and will take into account the impact of the injury on the individual’s quality of life. Our brain injury solicitors assess each case thoroughly to determine an outcome that is in your best interests.

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 obtain a copy of your records on your behalf; to do so, you will need to sign an authority form that gives us permission to obtain your records.

What does 'No Win, No Fee' mean?

The concept of “no win, no fee” (also known as “no foal, no fee”) is common practice among solicitors in Ireland. Under this type of agreement, the solicitor will take on your personal injury or any other type of case, and if the case isn’t won, the solicitor won’t charge you a fee. The sole purpose of “no win, no fee” is to give you the legal power to pursue a claim regardless of your financial state or legal experience.

How long will the medical negligence claim take?

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 we support you

How do I make a claim?

Once your solicitor has gathered the information they need about your case, you can then submit your claim. It is very important a solicitor that specialises in medical negligence files your claim.

Discuss your case with our Medical Negligence Solicitors

If you feel you didn’t receive the right treatment from a medical professional and it resulted in an injury or worsening of an illness, you need to consult a medical negligence solicitor immediately following the incident.

  • Under Irish law, filing a medical negligence claim can be complex.
  • It is important to discuss your claim with a specialist medical negligence solicitor before filing to ensure every detail of your case is thoroughly scrutinised.
  • Your claim could be delayed if you file it without consulting a solicitor first.
  • You can find out about the time limit associated with your medical negligence claim with help from a solicitor.

Obtaining all relevant medical records before filing for a claim

A medical negligence claim must prove that your injury or worsened health outcomes were caused by physician or facility providing your care. To help build your case, your solicitor will request access to your medical records and obtain any other relevant documents needed.

Obtaining Expert Report

Once your solicitor has compiled your medical reports, they will enlist a third-party medical expert to assess them. This assessment will determine whether you received substandard medical care and if negligence applies. The assessment of your medical records needs to prove that if you had received the right medical care, the outcome of the error or mistake might have been avoided.

Letter of Claim

If the third-party medical expert determines that medical malpractice has occurred, your solicitor will draft a Letter of Claim. The purpose of a Letter of Claim is to outline the nature of your case and to invite the medical practitioner to settle it and agree to financial compensation. The response to your Letter of Claim will determine whether your case will be brought to court or settled out of court. While this may sound daunting, your solicitor at Gibson & Associates LLP will be by your side to guide you through each step of the legal process.

Call us now for specialist medical negligence advice

At Gibson & Associates LLP, our specialist medical negligence team has extensive experience supporting people who have suffered an injury, an illness or worsening of one, disease or other type of harm in a hospital setting.

Our trusted team will always act in your best interest, explaining the process in plain English and relieving you of legal paperwork and complexities so you can focus on your recovery.

To discuss your case confidentially or to schedule an appointment, please reach out to us on 01 264 5555 or book an appointment online at a time that suits you.