Infectious diseases claim the lives of approximately 100 people per 100,000 in Ireland each year, with countless more suffering severe, life-altering consequences. When mismanagement of these diseases occurs, the impact can be devastating.
Misdiagnosis, delayed treatment, or failure to properly control infection can worsen a patient’s condition, causing unnecessary pain, prolonged recovery, or even death. The reality is that those suffering from infectious diseases never invited these illnesses into their lives, and they should not have to bear the additional pain of mismanagement in silence.
If someone else's negligence led to the mismanagement of your infectious disease, you might be eligible for compensation. You deserve justice for the suffering caused by this failure in care. Contact Michael Boylan Litigation today to discuss your case and start your infectious disease mismanagement claim.
What Is an Infectious Disease?
Organisms such as bacteria, viruses, fungi, or parasites can invade the body and multiply, causing an infectious disease. These diseases can spread from person to person through contaminated food or water, or via insect bites and other environmental exposures.
Examples of Infectious Diseases
Common examples of infectious diseases include:
- Influenza (Flu)
- Tuberculosis (TB)
- Hepatitis (A, B, or C)
- HIV/AIDS
- COVID-19
- Meningitis
- Pneumonia
- Sepsis
- Lyme disease
- Malaria
What Is Infectious Disease Mismanagement?
Mismanagement of infectious diseases happens when medical professionals do not correctly identify, treat, or contain an infectious disease. This can include delays in treatment, incorrect diagnosis, failure to administer proper medications, or failure to take necessary precautions to prevent the spread of the disease, all of which can lead to worsened health outcomes for the patient.
Who Is Liable for Infectious Disease Mismanagement?
Liability for infectious disease mismanagement can fall on various parties, including:
- Hospitals and healthcare facilities: When institutional failures, such as poor infection control protocols or insufficient staffing, contribute to the mismanagement.
- Doctors and medical professionals: If individual healthcare providers fail to diagnose, treat, or manage the infectious disease appropriately.
- Public health authorities: In cases where outbreaks are improperly managed due to negligence in public health policy or containment efforts.
The Infectious Disease Mismanagement Claim Process
At Michael Boylan Litigation, the process of filing an infectious disease mismanagement claim begins with a detailed consultation. We gather all relevant medical records, assess the treatment you received, and consult with medical experts to determine whether there was a breach in the standard of care. Our team works to establish the connection between the mismanagement of your infectious disease and the harm you suffered, ensuring that the facts are well-documented and presented clearly.
We handle all communications with the involved healthcare providers once we file the claim. Our goal is to negotiate a fair settlement to cover your suffering, medical expenses, and any long-term complications caused by the negligence. Should we fail to reach a settlement, we stand ready to represent you in court, ensuring you receive the justice and compensation you rightfully deserve.
Statute of Limitations for Infectious Disease Mismanagement Claims
Under the Statute of Limitations Act 1957, you have two years from the date of the mismanagement, or from the date of knowledge,when you became aware, or should reasonably have become aware, that the mismanagement caused harm,to file a claim for infectious disease mismanagement.
However, there are exceptions. The two-year limitation period does not begin until the individual turns 18 years old, giving them until their 20th birthday to file a claim. If the injured party lacks legal capacity due to physical or mental disabilities, the statute of limitations may be paused until they regain capacity, or a representative may file the claim on their behalf.
How Much Compensation Can You Expect?
The compensation for an infectious disease mismanagement claim depends on several key factors, including the type of infectious disease that was mismanaged, the severity of the harm caused, the duration of suffering, and how the mismanagement has impacted the patient’s quality of life.
Factors such as whether the plaintiff contributed to the mismanagement (e.g., by not following medical advice) may also influence the final award. The Personal Injuries Guidelines are applied to help determine the appropriate compensation amounts, which can vary significantly based on the long-term physical and psychological consequences.
For instance, severe infections leading to chronic respiratory or digestive system issues can attract compensation ranging from €50,000 to €120,000, while milder cases may result in lower awards.
Start Your Infectious Disease Mismanagement Claim
At Michael Boylan Litigation, we are committed to helping those who have been harmed by the mishandling of infectious diseases obtain justice and recompense for their losses. Contact us today to begin 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.
