Understanding the Legal Framework Surrounding Dental Negligence Claims When seeking professional dental care, we expect professional dental treatment to follow standard clinical procedures. In the vast majority of cases the dental treatment and care provided is to the requisite standard. However breaches of duty of care, or statutory duty, do also arise which amount to
What constitutes nursing home abuse? Sometimes it can and does occur that nursing homes are not as safe as they should be. Elderly people in nursing homes can be in a highly vulnerable position and unfortunately and indeed incredulously some experience abuse/neglect, despite it would seem more media exposure these days of such cases. Abuse
Understanding Your Legal Rights as an Employee: During employment, employees may suffer physical and mental injuries because of an assault at work. Employers can be held vicariously liable for acts or ommissions in respect of the wrongdoings conducted by an employee against another employee in the workplace. In the Equal Status Act of 2000 it
Bullying, intimidation, as well as harassment in the workplace can be damaging to an employees health and the stress caused can jeopardise not only the individual’s performance at work and wellbeing, but also adversely affect their livelihood. Examples of bullying conduct in the Workplace: Using obscene language towards another; Tarnishing and manipulating someones reputation; Undermining
It is not uncommon to hear cases of discrimination. While it is against the law to discriminate against an individual based on their physical capabilities in the workplace, we often hear of discrimination in circumstances relating to the provision of goods and services contrary to the Equal Status Act of 2000. This article, however, will
The Employment Equality Acts of 1998 and 2004 prohibit discrimination in the workplace. This includes discrimination via recruitment, promotion, working conditions, training, and harassment. The Workplace Relations Act 2015 further provides that there will be two bodies dealing with complaints/disputes in respect of employment law matters. This act positions the Workplace Relations Commission as the
What is the Injuries Board? The Personal Injuries Assessment Board, abbreviated as PIAB, is an independent state body in Ireland tasked with assessing personal injury* claims. This legislation was enacted in 2003 and it has since undergone several revisions and updates. The act enables the making of assessments by the Injuries Board of claims. The
Defective Product Litigation A myriad of injury causative factors can stem from the use of everyday products that a consumer uses. These products may include medical devices, dangerous toys, cars, and motor vehicles or any consumer and household products. Industrial or construction machinery or equipment, as well as farm implements or defective car parts, can
Elder abuse is an act, either single or repeated, or lack of appropriate action that occurs within a relationship where trust is expected by both parties and causes harm to an older adult. It is also a violation of civil and human rights. Cases of alleged elder abuse are on the rise in Ireland. According
A brain injury can evidently be a very serious injury and the following are some questions answered in this regard. Brain Injury – V – Head Injury? A brain injury results from back and forth jostling of the brain inside the skull in a force enough to cause tearing and shearing of nerves inside the
Spinal Cord Injury* Claims The instance where an injury results in spinal cord damage and the inability of the backbone to function is typically known as a spinal cord injury. A back injury sustained from a fall or crash by accident victims can be a cause of spinal cord injury. Lager demography of the Irish
If you have suffered an injury at work, you may be wondering about the appropriate steps to take thereafter. Your response to an injury at work can be effective when you are familiar with the basics regarding your responsibilities as well as your employer’s obligations arising from their legal commons law duties and statutory duties.
Unfairly Dismissed – What are the Options ? This article concerns unfair dismissal law in Ireland and outlines the options that are available to an Employee who has been dismissed. The Unfair Dismissals Acts demand that an Employer has substantial grounds for dismissing an Employee and that within the dismissal process fair procedures are adopted.
Occupational Health & Asthma Employers have legal duties towards the occupational health of their employees. If an Employer has caused an Employee occupational asthma there is something an Employee can do about it. This article outlines duties Employers have to their Employees, the Chemical Agents Act, causes of occupational asthma, what your Solicitor does and
Personal Injury* Solicitor & The Personal Injuries* Board This article concerns what the Personal Injuries Board is and how it functions and the task of Personal Injury* Solicitors. The Personal Injuries* Board is a statutory body which makes assessments in Personal Injury* Claims. All Personal Injury* Claim applications must be submitted to the Personal Injuries* Board for assessment. You cannot initiate proceedings
Medical Negligence & Open Disclosure The Minister of Justice announced recently that he and the Minister for Health have begun preparatory work for the purpose of legislating for Open Disclosure in relation to medical care and treatment in Ireland. The effect of this legislation would mean that hospitals would have to tell a patient or the
About once a week, we meet someone in the office or outside of the office who has been a victim of crime or knows someone who was a victim of crime and does not know about the Criminal Injuries Compensation Tribunal. Frankly, before we began legal practice we did not know about this either. It has a low
If you have been injured in a Supermarket, you might have a lot of questions concerning the legal responsibility of the Supermarket. Here is some backround information on supermarket personal injury claims and supermarkets legal responsibilities. Does a Supermarket have a responsibility to avoid injury to customers? Yes. If you attend a supermarket to do
Am I at Fault ? | Work Accidents & Car Accidents* | Negligence – The Contributory Kind ! After a work accident* a car accident* or any accident has occurred, it is not always easy to establish who was at fault for the accident. An injured person may have questions concerning the events, such as, ‘Am I at fault at
Employee loses Personal Injury* Case |Ladder Fall | Accident at Work* | On the 30th of July 2013, a case was heard by the High Court where an Employee was seeking damages for personal injuries* he had suffered as a result of a fall from a ladder while at work. The Claimant was an Electrician
Brachial Plexus | Birth Injury | Medical Negligence What is the Brachial Plexus The brachial plexus is a nerve network that operates in the neck region and its purpose is to control the movement and sensation in the upper body limbs, namely the shoulders, arms and hands. What is a Brachial Plexus Birth Injury
Motorbike Accident* | Brachial Plexus Injury | Personal Injury* Description A brachial plexus injury which can arise from motorbike accidents is an injury to the nerves located in the brachial plexus. The word brachial refers to the arm and the word plexus refers to the nerve network. This network of nerves originates in the spinal
Truth & Justice | Symphysiotomy | Medical Negligence It is roughly fourteen years on since a report which exposed the practice of symphysiotomy procedures in Ireland. More often than not these surgical procedures were performed on people who were unaware the procedure had taken place. Within these fourteen years, alot of debate has occurred, an
Recently, a conference took place where it was proposed, a ‘Duty of Candour’ should exist in Ireland in relation to health care provision. This duty, if implemented, would benefit patients, doctors, health care professionals by creating a more open, transparent system which means, in practice, if an accident happened while under medical care, this accident
Truth or Dare | Personal Injury* Claims. A Crime of omission, this is not normally what an injured person thinks is applicable to them ( the injured party ), when they are going about their business and an accident happens due to the fault of another’s negligence and they decide to pursue a course of
Important Steps in a Personal Injury* Claim If you have been injured in a car accident or injured at work or for example injured in a public place etc. and you seek a civil remedy in the form of damages, you must amongst other things, submit an application to the Personal Injuries* Board for assessment.
