Respiratory diseases are a significant health crisis in Ireland, placing a tremendous burden on patients, families, and the healthcare system. The Irish Thoracic Society’s recent report, Respiratory Health of the Nation, highlights just how severe this crisis is: respiratory diseases account for more hospitalisations than both cardiovascular and non-lung cancer cases combined, and deaths from respiratory diseases have surged by 14.6% in recent years.
Ireland’s death rate from respiratory illness is the fourth highest in the EU, with conditions like lung cancer, COPD, and pneumonia among the top causes of death. Despite the serious and often life-threatening nature of these diseases, some respiratory healthcare professionals in Ireland neglect essential standards of care, worsening patient outcomes through respiratory therapy negligence.
At Michael Boylan Litigation, we believe it is deeply unjust for patients to suffer further because of inadequate or negligent respiratory therapy. If you or a loved one has experienced harm due to respiratory therapy negligence, our team is ready to support you in seeking justice and fair compensation. Contact us today to discuss your case and protect your right to safe and competent healthcare.
What Is Respiratory Therapy?
Respiratory therapy is a specialised area of healthcare focused on treating patients with breathing difficulties and lung conditions. Using techniques and equipment, respiratory healthcare professionals help manage conditions like asthma, COPD, pneumonia, and more severe respiratory diseases, aiming to improve patients’ lung function and quality of life.
What Constitutes Respiratory Therapy Negligence?
Respiratory therapy negligence occurs when the healthcare professional fails to deliver the expected standard of care, causing harm to the patient. This negligence can take various forms, including:
- Improper Use of Respiratory Equipment: Incorrect settings or use of equipment that can lead to injury or inadequate treatment.
- Medication Errors: Administering the wrong medication or dosage, which may result in adverse reactions or complications.
- Failure to Monitor: Not adequately observing the patient’s condition, which can prevent early intervention in cases of distress or emergencies.
- Delayed Response to Symptoms: Ignoring or failing to act on signs of respiratory distress, leading to worsening health outcomes.
Who Is Liable for Respiratory Therapy Negligence?
Responsibility for respiratory therapy negligence may rest with several parties involved in the patient’s care, depending on the circumstances. Liable individuals or entities may include:
- Respiratory Healthcare Professionals: Therapists directly administering respiratory treatments and responsible for monitoring the patient’s progress.
- Hospitals and Rehabilitation Facilities: Institutions accountable for hiring competent staff, training, and maintaining quality standards in respiratory care.
- Medical Equipment Providers: Suppliers or technicians who fail to provide or maintain reliable, safe equipment essential to respiratory therapy.
How to Prove Respiratory Therapy Negligence
To prove respiratory therapy negligence, certain legal elements must be satisfied:
- Duty of Care: Demonstrate that the respiratory therapist or healthcare provider owed a duty of care to the patient, meaning they were responsible for providing competent and safe treatment.
- Breach of Duty: Show that the healthcare provider failed to meet the accepted standard of care, either through action or omission.
- Causation: Establish a direct link between the breach of duty and the harm suffered, proving that the provider’s negligence caused or worsened the patient’s condition.
- Damages: Document the specific harm, financial losses, or emotional suffering the patient experienced due to the negligence, which is essential for determining compensation.
The Respiratory Therapy Negligence Claim Process
To determine whether a breach of care standards occurred, we first gather detailed information on the received treatment, including medical records and expert evaluations. From there, we establish a strong foundation to prove that this negligence directly harmed the patient, allowing us to pursue compensation for medical costs, lost wages, and emotional distress.
Our team guides you through every step of the claim process, keeping you informed and addressing any questions along the way. If needed, we will engage in negotiations with insurers or advocate for you in court to secure a fair outcome.
What Are the Time Limits?
Under the Statute of Limitations Act 1957, the injured person must generally file respiratory therapy negligence claims within two years from the "date of knowledge," which is when they become aware of the negligence and its effects.
Exceptions exist for minors, where the two-year period starts on their 18th birthday. For individuals with mental incapacity, the period is extended until they regain capacity. These exceptions ensure that all patients have a fair opportunity to seek justice.
How Much Compensation Can You Expect?
Compensation for respiratory therapy negligence in Ireland depends on the severity and impact of the respiratory condition resulting from negligent care.
According to the Personal Injuries Guidelines, awards for severe and disabling asthma, where patients experience chronic coughing and a significant reduction in physical activities, range from €60,000 to €120,000. Chronic asthma cases, involving intermittent breathing difficulties and inhaler use, may result in compensation between €30,000 and €60,000. For milder respiratory conditions, where symptoms resolve within a year, awards range from €3,500 to €7,500.
Several factors influence the exact compensation amount, including the patient’s age, the impact on their quality of life and work capacity, the duration and intensity of symptoms, and the overall prognosis. For an accurate assessment based on your unique case, consult with us to understand your potential compensation better.
Start Your Respiratory Therapy Negligence Claim
No one should suffer due to negligent respiratory care, especially when seeking treatment for serious conditions. If you or a loved one has been impacted by respiratory therapy negligence, Michael Boylan Litigation is here to help you pursue justice and fair compensation. Contact us today to take the first step toward protecting your rights and securing the support you deserve.
*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.
