When patients seek medical care, they trust healthcare professionals to help them recover from existing ailments, not to cause additional harm. Unfortunately, medical injuries,those caused by the actions or inactions of healthcare professionals,are a reality within the Irish healthcare system and around the world.
These preventable injuries provide a strong basis for pursuing compensation when they occur. According to the World Health Organisation (WHO), 1 in every 10 patients is harmed during healthcare, and over 3 million deaths happen each year due to unsafe care. Up to 4 in 10 patients may experience harm in primary and ambulatory settings, and up to 80% of this harm is preventable.
If medical negligence has caused you or a loved one to suffer, you do not have to endure it in silence. Michael Boylan Litigation is here to help you seek the compensation and justice you deserve. Reach out to us today to start your medical injury claim and hold healthcare providers accountable for their actions.
What Is a Medical Injury?
A medical injury occurs when a patient suffers harm or damage as a result of medical treatment or healthcare services. This harm can arise from medical errors, negligence, misdiagnosis, or the failure of medical equipment. Medical injuries can be physical, emotional, or psychological, and they often happen when healthcare professionals fail to meet the standard of care expected in their profession.
Examples of Medical Injuries
Some common examples of medical injuries are:
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.
- Medication Errors: Administering the wrong drug or dosage, leading to adverse reactions or worsening of the patient’s condition.
- Misdiagnosis: Failing to correctly diagnose a condition, which can lead to improper treatment or delayed care.
- Hospital-acquired Infections: Infections contracted during a hospital stay, often due to unsanitary conditions or improper sterilisation of medical tools.
- Anaesthesia Errors: Overdosing or underdosing anaesthesia, causing complications during surgery or recovery.
- Birth Injuries: Harm to the baby or mother during childbirth due to medical negligence or improper care.
- Failure to Treat: A healthcare provider’s delay or failure to provide appropriate treatment for a diagnosed condition.
- Defective Medical Devices: Harm caused by faulty implants, prosthetics, or other medical devices used during treatment.
- Nerve Damage: Injuries to nerves during surgery or due to incorrect medical procedures.
- Emotional Distress: Psychological harm caused by medical negligence, such as trauma from a misdiagnosis or mistreatment.
Who Is Liable for Medical Injuries?
Parties that may be held liable in a medical injury claim include:
- Doctors and Surgeons: Medical professionals can be held responsible if their negligence or errors directly cause harm to a patient.
- Hospitals and Healthcare Facilities: Institutions may be liable if their policies, unsanitary conditions, or staff mistakes lead to medical injuries.
- Nurses and Other Medical Staff: Nurses, anaesthesiologists, and other support staff may be responsible for injuries if they fail to follow proper procedures.
- Pharmaceutical Companies: Companies that manufacture defective drugs or fail to warn of potential side effects can be held liable for medication-related injuries.
- Medical Device Manufacturers: If a medical device is faulty or fails to work as intended, the manufacturer may be held accountable for the harm caused to patients.
The Medical Injury Claim Process
At Michael Boylan Litigation, the medical injury claim process begins with an initial consultation to understand the specifics of your case. To determine whether negligence occurred, our legal team will review your medical records, treatment history, and the harm you suffered. We will consult with medical experts to establish the breach in the standard of care and gather necessary evidence, including reports from specialists who can support your claim. This thorough investigation helps to build a strong case before we engage with the responsible parties.
Once we collect the evidence, we will initiate the claim, typically starting with negotiations to reach a fair settlement. Should the culpable party fail to provide sufficient compensation, we are ready to take legal action to secure the justice you are due.
Statute of Limitations for Medical Injury Claims
The Statute of Limitations Act 1957 mandates that you initiate a medical injury claim within two years of the injury's occurrence or your awareness of it. This is known as the "date of knowledge," which provides some flexibility if you were not immediately aware that negligence occurred.
In certain cases, such as for minors or individuals without mental capacity, the statute of limitations may be extended, allowing time to file the claim when the injured party reaches adulthood or regains capacity.
How Much Compensation Can You Expect for Medical Injuries in Ireland?
The amount of compensation you can receive for a medical injury depends on several factors, including the severity of the injury, the long-term impact on your health, and the financial losses incurred, such as medical bills and lost wages.
The Personal Injuries Guidelines are usually applied to assess the extent of damages, ensuring fair compensation for both physical and emotional suffering. For instance, serious injuries that result in permanent disability or require ongoing medical treatment will typically lead to higher compensation awards. Every case is unique, and the exact amount will be determined by the specifics of your claim.
Start Your Medical Injury Claim
If you or a loved one has suffered harm due to a medical injury, don't wait to seek justice. Securing the compensation you deserve is our top priority at Michael Boylan Litigation, where we have the experience and knowledge to handle complicated medical injury claims. Contact us today to start your claim.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
