The number of claims against hospitals for clinical errors and other incidents has risen each year for the last five years, and it’s saddening because hospitals are meant to provide care and healing, not harm. Being on the receiving end of hospital negligence can lead to serious consequences,longer recovery times, additional medical procedures, or even permanent injury. No one should have to suffer in silence when a hospital’s failure to provide proper care causes harm.
At Michael Boylan Litigation, we believe that victims of hospital negligence should not take their situation lying down. If you or a loved one has suffered unjustly, you deserve justice and compensation. Reach out to us immediately to initiate your claim.
What Is Hospital Negligence?
Hospital negligence occurs when a hospital or its staff fail to provide the expected standard of care, leading to harm or injury to a patient. This can involve a variety of medical errors, administrative mistakes, or failure to follow proper protocols, all of which can result in unnecessary suffering for the patient.
Common Instances of Hospital Negligence
Hospital negligence can take many forms, including:
- Misdiagnosis or delayed diagnosis
- Surgical errors, including wrong-site surgery
- Medication errors, such as incorrect dosages or drug administration
- Failure to monitor a patient’s condition properly
- Inadequate hygiene leading to hospital-acquired infections
- Errors during childbirth or prenatal care
- Failure to provide timely or appropriate treatment
Consequences of Hospital Negligence
The consequences of hospital negligence can be devastating and may include:
- Prolonged recovery or worsening of the original condition
- Additional surgeries or treatments
- Permanent disability or long-term health complications
- Emotional distress and anxiety
- Increased financial burden due to further medical expenses
- In severe cases, death.
When Can You Bring a Hospital Negligence Claim?
You can bring a hospital negligence claim when it can be shown that the hospital or its staff breached their duty of care to you, and this breach directly resulted in harm or injury. This includes cases where the hospital failed to provide proper care, delayed critical treatment, or caused preventable complications due to negligence. If you have suffered because of substandard care in a hospital, contact us to determine if you have grounds for a claim.
Who Bears the Liability for a Hospital Negligence Claim?
Liability for a hospital negligence claim can fall on several parties, depending on the circumstances:
- Hospital: The hospital itself can be held liable if the negligence stems from institutional failures, such as inadequate staffing, improper hygiene, or lack of appropriate medical equipment. This is often seen in cases where the hospital’s policies or failure to maintain safe conditions led to the injury.
- Medical Professionals: Doctors, nurses, surgeons, and other healthcare providers can be held personally liable if their individual actions or lack of action caused harm. This includes errors in diagnosis, surgical mistakes, or improper treatment.
- Medical Equipment Manufacturers: In cases where faulty or defective medical equipment contributed to the harm, the manufacturer may bear some of the liability. For example, if a malfunctioning device during surgery caused injury, the equipment manufacturer could be held responsible.
- Pharmacists: If medication errors occurred due to improper dispensing or incorrect dosages, pharmacists can be held accountable for the harm caused.
The Hospital Negligence Claim Process
Hospital negligence claims at Michael Boylan Litigation start with a thorough consultation to learn more about your case. We gather all relevant medical records, assess the treatment you received, and consult with medical experts to establish whether there was a breach of care. Once we've gathered the necessary evidence, we will build a strong case on your behalf, proving that the hospital’s negligence led to your injury or harm.
We handle all legal communications and negotiations with the hospital and other parties involved. Our goal is to secure fair compensation for your suffering, whether through a settlement or, if necessary, by representing you in court.
Statute of Limitations
Under the Statute of Limitations Act 1957, you generally have two years from the date of the negligent act, or from the date of knowledge,when you became aware or should have reasonably become aware of the negligence,to file a hospital negligence claim.
However, exceptions exist. If the injured party is a minor, the two-year limitation period does not begin until they turn 18 years old, meaning they have until their 20th birthday to bring a claim. Also, if the person affected lacks the legal capacity to act on their own due to mental or physical incapacity, the statute of limitations may be paused, and the claim can be filed once they regain capacity, or a representative can act on their behalf.
What Is the Average Payout for Hospital Negligence in Ireland?
The average payout for hospital negligence in Ireland depends on the severity and nature of the injury caused by the negligence. According to the Personal Injuries Guidelines, compensation varies widely based on the specific harm experienced. For example, severe cases like disabling respiratory conditions caused by hospital negligence can result in payouts between €60,000 and €120,000. Chronic conditions, such as moderate asthma requiring ongoing treatment, may attract compensation between €30,000 and €60,000.
In cases where hospital negligence leads to serious gastrointestinal issues, such as food poisoning, the compensation can range from €50,000 to €100,000, depending on the severity and long-term impact. Factors that influence the payout include the duration of suffering, the need for ongoing care, the overall impact on the individual's quality of life, and the age and health of the plaintiff.
Each case is unique, and the payout will take into account the particular circumstances and the severity of the hospital's negligence.
Start Your Hospital Negligence Claim
If hospital negligence has caused you harm, you deserve justice and compensation. Contact Michael Boylan Litigation 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.
