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Home > Accident claims > Medical negligence

Medical negligence
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Do I have a case?
Medical Negligence or Medical Malpractice as it is known in other jurisdictions occurs when an injury is suffered as a result of the failure of a doctor and/or hospital to provide appropriate care as a result of which a person suffers injury.

Negligence in such cases can occur in a variety of situations including but not limited to the following:

  1. There may be a failure or delay in the proper diagnosis of the patient's illness.
  2. A surgical or anaesthesia related incident might occur during an operation which could constitute medical negligence.
  3. A doctor may make the correct diagnosis but thereafter might be negligent failing to properly treat the illness.
It is your solicitors' obligation to determine as quickly and efficiently as possible whether you have a good cause of action in your case. This is especially true of medical negligence cases because these are by their very nature complex and expensive to pursue and often carry a high risk of no recovery. In addition, there is the added reluctance of injured parties to pursue an action against their doctor and/or hospital with which they have a close relationship.

There is a three-year limitation period in such a case. In other words if the case is not commenced within three years of the incident giving rise to the injury, it would be a complete defence for the doctors/hospital who will claim that the cause of action is statute barred.

The initial process will involve your solicitor obtaining as much information as possible from the doctor/hospital and this will involve perusal of medical records. In many cases, the records themselves will show medical negligence. In all cases your solicitor will retain the appropriate medical expert to view your records and sometimes it will be necessary for the medical expert to take a personal history of the events leading up to and following on the mishap.

If you think you may have been involved in such an incident, please contact us immediately.

*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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