We visit our GP for a number of reasons throughout our lives and expect to receive a high standard of care from them. In most cases, this is the case and we are happy with the treatment and care we have received. In a small number of cases, there may have been some form of negligence which resulted in an illness or injury. As, in most cases, we attend our GP when we are sick or injured this could lead to our original conditions becoming worse over time as a result of this breach in duty of care.
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The National Association of General Practitioners (NAGP) was set up in order to ensure that best practice within the primary care sector. They try to ensure that all patients receive the highest standard of care. If members of this association have acted in a negligent manner which led to personal injuries or an illness then you may be entitled to make a claim against them as their member did not provide a high standard of care.
In many cases, your physical well being may have been affected as a result of GP negligence. As your GP is usually the first person you go to when you become ill, this can have a negative effect on your condition or any injuries which you may have sustained. If you have experience GP negligence you may be entitled to make a claim for damages. If you are a patient in a private GP practice you may be able to make a claim directly against your healthcare provider whereas in other cases it is likely that the claim will be made against the practice as one organisation.
In order to proceed with a claim for GP malpractice, you must first prove that medical or clinical negligence has occurred. In order to do this, it must be shown that negligence would not have occurred if you were treated by another GP or medical professional. In many cases, negligence occurs as a result of a breach in the duty of care where they have failed to ensure the health and safety of their patients. If it is found that a GP or a practice has failed to show a reasonable level of duty of care and patients have been affected by this, they may be found liable in any claims made for negligence.
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For more information and a confidential discussion on your medical negligence claim, call Elaine Hickey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell her about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and she can call you back.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence solicitor to help you with this.
If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.
In order to make a claim, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor or medical staff tasked with your medical care. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.
If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.
At Tracey Solicitors LLP, our dedicated medical negligence solicitors have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims in Ireland over the past 30 years.
For more information and a confidential discussion on your medical injury claim, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.
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If you are to proceed with a medical negligence claim you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a medical negligence injury.
Special damages are out of pocket expenses incurred as a result of the medical negligence injury, for example, loss of earnings (if you are out of work), medical bills, added travel costs as a result of the accident (for example, travel to and from the hospital) and future care costs. Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim, which can vary depending on the situation. When taking into account how long medical negligence claims take, it is important to remember that medical negligence cases require certain time frames in place within which you can bring a claim. For medical negligence claims it is two years less a day following the date of the incident or two years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
In an unfortunate incident where a child is subject to medical negligence, the process of making a claim differs from that of an adult. A minor may be in a position to bring a claim forward in the first two years following their 18th birthday.
Learn more about Legal Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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