If you have been injured due to Medical Negligence, Kieran Cleary – Solicitor has many years experience in the High Court in Medical Negligence actions and Personal Injury* actions.
We have a successful track record for Medical Negligence actions in the High Court.
If you have been injured to to Medical Negligence we will work with you to establish if you have a case. We will collaborate with you to seek to address the unanswered questions and issues.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
What is Medical Negligence
Medical Negligence involves an action made by a medical professional that resulted in an avoidable injury to a patient.
Medical Negligence can also involve an omission to do something, for example, an appropriate action and consequently an injury has resulted or an existing condition has deteriorated.
Anyone pursuing a Medical Negligence action needs to establish a duty of care exists between the parties involved, that poor medical care was carried out and this in turn caused the injury or loss.
If the case goes to Court, a person must satisfy a legal test, the balance of probabilities, that the failure of medical skill resulted in the injury that could or should have been avoided.
Examples of Medical Negligence:
• Failure to diagnose a condition or a misdiagnosis;
• Failure to refer a patient to another specialist where it was necessary to do so;
• Incorrect or unnecessary surgical procedures;
• Error in a procedure or operation;
• Delay in providing a proper standard of medical care, diagnosis and treatment reducing a patient’s chance of full recovery from their medical condition;
• Birth Injuries to children or mothers;
• Failure to disclose risks or a treatment/operation;
• Hospital systems failure to maintain a hygienic, clean hospital causing patients to contract infections while in hospital such as MRSA.
What can be done after a Negligent act/omission takes place:
Some of the actions people want to happen after a negligence occurs:
• An Explanation – People injured have a right to a full explanation of what happened. This may be forthcoming or it may not. Early resolution regarding this is best for all concerned but doesn’t always happen.
• An Apology – An injured person may demand a full and sufficient apology from the appropriate person in relation to the events.
• Justice to be done to alleviate the loss or pain.
• Financial Compensation – If a person has been injured to the negligence of another they have a right to compensation for the loss, suffering, pain and financial consequences that have arisen.
We will want to meet with you and or your family members and take a full account of the turn of events as they happened and obtain an understanding of the impact of the negligence on your life. We may need to obtain statements, medical records – past/present and engage the appropriate medical expert from Ireland or the U.K.
We may need to sit down with you and go through the medical records. On this basis we will have a greater understanding of any actionable negligence.
Once the building blocks of the case have been established and a full understanding of the needs to be achieved is obtained, if you are happy with the plan, we will begin proceedings and act for you to obtain the resolution.
The statutory time limit in relation to medical negligence actions is two years. So, if a person has been injured through medical negligence he/she must initiate proceedings two years from the date of the cause of the action.
There is an exception to this strict rule but can only be relied on in exceptional circumstances.
Medical Negligence Questions & Answers
If you have been injured due medical negligence you will have many questions you want answered.
We will answer any questions you have, advise of the options available, advise of a course of action and represent you if required. People have many questions such as ‘do I have a case’, ‘how easy or difficult is this case going to be’, ‘what is it worth’, ‘how long is this case going to be’, for example.
If you feel you have been injured due to medical negligence and have questions concerning this, we can be of assistance to you.
Initial Advice Consultation
1. Call us on 01 546 1121 or 052 61 21999 between the hours of 9 am to 5 pm – Monday to Friday.
2. Email us – firstname.lastname@example.org – with a contact number and we will call you back.
3. Fill out our online Enquiry Form to the right.