What to expect from a medical negligence case

Unlike ordinary personal injury cases, medical negligence cases are far more complex. Proving negligence by a medical practitioner who performed a medical procedure or in the treatment of an illness or a misdiagnosis of an illness is both technical and complex.

To prove a medical negligence case, we must show that on the balance of probabilities the lack of proper medical care directly caused or exacerbated the injury suffered by the person.

Many medical negligence cases are settled but only after great care and attention has been taken in establishing that a likely outcome would be a finding by the court of negligence and the issuing of an award.

Examples of medical negligence cases which we act for clients are:-
• A delay or incorrect diagnosis of an injury or illness that causes sickness or personal injury.
• Failure by a doctor to act in a timely manner having received a patient’s tests results.
• An error in carrying out a procedure or operation which caused an injury to the patient.
• Performing the wrong procedure or operation.
• Error in prescribing medicines or incorrect treatment of a patient
• Failing to communicate the risks associated with the procedure or operation prior to it being performed.
A patient will normally sign consent forms prior to a medical procedure or operation. This does not exonerate the medical practitioner alone. The procedure or operation and the associated risks needs to be explained to the patient before they sign.

A court, in determining whether the medical practitioner was negligent, will consider what a competent medical practitioner would have done in the same situation. Therefore the court will hear from experts who are doctors or consultants with expertise in the same area of the alleged negligence. At Douglas Law Solicitors we have vast experience in bringing medical negligence cases. As a result, our clients have access to top medical experts from the outset who will be able to answer the questions you have and assist us in building a case where there has been a medical accident. We also work with the best medical negligence barristers in the country.

What this means for you, is that you will have a highly experienced team willing to fight for you.

For further information, no matter where in the country you are located, please contact Gráinne O’Donovan, Solicitor on 021 4897 256 or email grainne@douglaslawsolicitors.ie or complete this form and we will contact you.  We offer video consultations via Zoom or MS Teams.