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Medical Negligence *

Consulting a solicitor 

At Padhraic Harris & Co., our solicitors have many years of experience dealing with medical negligence claims. We understand that the consequences of medical negligence for individuals and their loved ones can be devastating, and it is important you feel supported in your journey. Our solicitors will discuss your claim and advise on the options available to you, including litigation.

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Making a medical negligence claim

If you are concerned that you have been the victim of medical negligence then it is important not to delay in getting advice. It is important to note that such claims are subject to the Statute of Limitations and therefore an early consultation with us with regard to any concern you may have is advisable. Our solicitors, Padhraic and Donna, are available for a consultation. Contact us to make an appointment.

Types of medical negligence claims 

Claims of clinical negligence are often quite complex and can include claims arising out of:

  • Cosmetic surgery
  • Birth Injuries to the Baby such as Cerebral Palsy, Erbs Palsy, Spinal Cord Injuries, Forceps, and Vacuum Extractor Injuries
  • Birth Injuries to the Mother and Gynaecological claims
  • Incorrect Surgical Procedure
  • A failure to diagnose an illness or injury or a professional error in the diagnosis of same.
  • Accident and Emergency
  • GP Negligence
  • Misdiagnosis 
  • Delay in Diagnosis
  • Dental Negligence
  • Pharmacy Negligence 

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Frequently Asked Questions relating to Medical Negligence Claims

How long is the Statute of Limitations for medical negligence claims?

An injured part has two years to make a medical negligence claim. This two year period will run from the date the cause of action accrues or from the “date of knowledge”. 

Essentially, the date of knowledge is the date you know you were injured, the injury was significant, the injury was attributable to negligence and you know the identity of the defendant. The date of knowledge includes when you might reasonably have been expected to acquire the knowledge from facts available to you, but you will not be fixed with knowledge of a fact you could only know with the help of expert advice so long as you have taken all reasonable steps to obtain and act on that advice.  

The date of knowledge is not always straightforward. You should consult a solicitor to see if you have a claim. 

If the injured party is under 18 then this two year time limit runs from the day they attain the age of 18. In most circumstances it is advisable that a claim is brought on behalf of a minor child by their parent or guardian while they are still a minor. This is because it is easier to obtain records/medical reports and other kinds of evidence at an early stage. Padhraic Harris & Co. Solicitors can advise you in this area.

If you believe that you have a medical negligence claim it is important to contact Padhraic Harris & Co. Solicitors as soon as possible so that we can identify any important dates and time limits that need to be complied with in order to make a claim. 

Will my claim be submitted to the PIAB?

Unlike for other personal injuries, medical negligence claims are not submitted to the Personal Injuries Assessment Board (PIAB).

What is an Expert Medical Report?

Before initiating a Medical Negligence Claim you need to obtain an expert medical report. This report is prepared by an independent medical expert and must express a view that there are reasonable grounds for proceedings. To obtain this report your solicitor will first need to obtain your medical records.

What is the definition of clinical negligence?

Medical negligence is also referred to as clinical negligence and is defined in the  Civil Liability and Courts Act 2004 as ‘’anything done or omitted to be done in the provision of a health service by a health service provider in circumstances which could give rise to liability for damages for negligence in respect of personal injury or death’’.

If you are concerned you have suffered as a result of medical malpractice or clinical negligence, speak to Padhraic, Ronan or Donna of this office. As the Statute of Limitations for such actions is strict, you should do this as soon as possible.

Who can claims be made Against?

Can include various members of the medical profession, either in the private or public sector, including:

  1. Doctors
  2. Nurses
  3. Dentists
  4. Opticians
  5. Surgeons
  6. Medical Consultants 

Where can Medical Negligence occur?

  1. Private and public hospitals and maternity hospitals
  2. Dental Surgeries
  3. Opticians
  4. GP Practices

Contact us by completing an enquiry form below. You can also telephone us at 091-562066 / 091-562062 and we would be pleased to assist you.

Consultations are available at our Galway office or can be arranged to suit you in Oughterard.

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

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