Medical Negligence* Claims

We all hope that we will stay healthy and not become sick or have an accident. When we do find ourselves in need of medical treatment we put our trust in medical professionals to assist us. Most of the time medical practitioners are diligent and wholly committed to your care. However, sometimes things can go wrong. When this happens you may feel vulnerable and it can be difficult to know what to do. Mistakes or imperfect outcomes do not always amount to medical negligence though and we can assist in navigating your specific legal situation.

How do you know if you have been a victim of medical negligence?

Medical negligence, or clinical negligence as it is also known, can be an act that is done or omitted to be done by a health professional in their treatment of a person that results in personal injury or death of the patient.  The true test for establishing if there has been actual negligence for which the medical professional may be liable for is if there is proved to be failure by that professional which no other equally qualified professional acting within the bounds of ordinary care would have made in the same circumstances.  At HOMS Assist we are experienced in establishing whether or not there has been medical negligence in your treatment or care which gives rise to a potential claim. We can also advise on whether you can take a case where your next of kin or family have passed away as a result of the negligence.

Common types of medical negligence cases

Birth injuries

A well mother giving birth to a healthy baby  at the end of a pregnancy is the most important outcome of child birth. Unfortunately this does not always occur. Mistakes can be made due to the actions or inactions of medical staff during the pregnancy and / or the delivery of the baby. If you have concerns about the health of the mother or baby, even if they were not immediately apparent, please contact us for advice from our team of experienced solicitors.

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Cerebral palsy

This is essentially a disorder of motor function which may or may not have been caused by an injury to the developing brain. Symptoms can vary greatly from case to case. If you believe your child’s diagnosis of cerebral palsy was caused due to the negligence of a medical practitioner please contact our experienced team for advice on how best to proceed from a legal point of view.

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Cancer misdiagnosis

This usually involves the delay in the diagnosis of cancer and subsequent treatment or an incorrect diagnosis of cancer. These cases can be complicated due to the multidisciplinary nature of cancer treatment. If you think you may be entitled to make a claim please contact us for advice.

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Misdiagnosis / failure to diagnose

Sometimes there is a delay in general diagnosis or an incorrect diagnosis which results in a delay in obtaining treatment. This is turn may have serious repercussions. In such cases there may be grounds for a medical negligence claim. However, the doctor’s negligence must have led to an injury that would not have occurred otherwise. If you are concerned that an error was made in your treatment please contact us to discuss your legal options.

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Accident and emergency errors

A person’s initial assessment at A&E can sometimes be inadequate, leading to errors such as missed fractures on x-ray scans or being discharged without a thorough examination. If you are concerned that an error was made during your attendance at A&E please contact us so we can advise you from a legal point of view.

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Misreading of scans

General misreading of scans can and do occur. It is important to obtain legal advice if you believe a scan has been misread and has led to a delay in treatment, causing you to suffer unnecessarily. If you are concerned that an error was made in your scanning treatment you can contact our experienced legal team to discuss what your options are.

Surgical errors

Unfortunately, a positive outcome from surgery is not always guaranteed. When things do not go according to plan this may or may not amount to medical negligence. Some of the more common types of claims related to surgical errors include leaving a foreign object inside the body after surgery, inadvertent lacerations to other organs or nerves, lack of informed consent and wrongful death. If a surgical error has been made you may be entitled to bring a claim. Contact us for legal advice from our team of experienced medical negligence solicitors.

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Errors in prescriptions of medicine

The incorrect prescription of medications can occur sometimes due to dispensing errors by a pharmacist. If this has happened to you, and you have suffered as a result, you may be entitled to make a personal injury claim. Please contact us for advice on how best to proceed.

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GP negligence

GPs are tasked with spotting relevant signs and symptoms early on and referring patients for further treatment and tests as necessary. If there is a lapse in this standard of care, the impact on the patient can be considerable—or even catastrophic.

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Dental negligence

A dentist has a duty of care towards you and if this duty is breached in a minor or significant manner you may be entitled to bring a claim. Examples of negligence may relate to procedures such as root canal, root extraction, restorative dentistry and failure to diagnose gum disease or oral cancer. If you are concerned that an error was made in relation to your dental treatment please contact us for advice from our team of experienced solicitors.

Acquired Brain Injury

In the context of medical negligence litigation, acquired brain injuries refer to brain injuries that could have been prevented, or at least significantly reduced, if competent medical care had been provided by medical professionals.

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Tesicular torsion

When a testicular torsion occurs, urgent surgery is usually required within a period of six hours in order to save the testicle.  Delay or misdiagnosis can have long term effects on fertility and/ or cause phychological issues.

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Vasextomy and failed sterilisation claims*

A vasectomy is the sterilisation for a man whereby the vas deferens is cut or sealed as a means of sterilisation. It is a procedure carried out when someone decides that they do not want children or choose not to have any more.  In most cases the surgery is effective however complications can arise where an unwanted pregnancy occurs leading to stress, emotional strain and financial pressure.

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Fatal injury

If a loved one has been the victim of substandard care by a medical practitioner and this resulted in their untimely death you may be entitled to make a claim for medical negligence. If you are concerned that such an error was made please contact us for advice from our team of experienced legal professionals.

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What to do if you may have been involved in a medical negligence case

It is important to act quickly and seek advice if you do think that you or a family member have been the victims of medical negligence. Generally, medical negligence cases have a strict two year time limit from the alleged negligence (or two years from the date of knowledge of the alleged negligence) within which cases may be brought. In the case of children under eighteen, they have two years to initiate a claim from their eighteenth birthday.  At HOMS Assist we have over fifty years’ of experience in personal injury claims, including medical negligence claims. You can contact one of our experienced advisors who will be happy to assist you.

 

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

Rachael O'Shaughnessy, Solicitor
Rachael O'Shaughnessy, Solicitor

Rachael is incredible:-she put everything in terms that could be understood and was always available. Her secretary, Edel was professional, patient and kind.

Anna , Limerick

The best thing about the service was efficiency. I always got to speak to somebody. The result Rachael achieved was exceptionally good and the case took the time I was told it would take.

Kevin , Limerick

Thank you for all your help & professionalism over the last number of years. Thank you to Robert & all the team who worked of my behalf. I would highly recommend you to family & friends.

Peter , Limerick

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