Medical negligence, also known as medical malpractice, occurs when a healthcare provider such as a doctor, nurse or a hospital fails to meet the accepted standards of practice within the medical community, leading to harm, injury or death of the patient. It usually involves acts or omissions that deviate from the expected level of care a patient requires. It can encompass various scenarios such as misdiagnosis, surgical errors, medication mistakes, birth injuries, anaesthesia errors, failure to obtain informed consent and inadequate treatment or follow-up care.
The standard of care that is expected and required in medical practice is determined by considering the expertise and knowledge that a reasonably competent healthcare professional in the same field would exercise in similar circumstances. Any deviation from these standards can lead to harm.
At Ferrys Solicitors LLP, our dedicated team of medical negligence solicitors lead by Gillian Browne have the necessary experience and skill to diligently advocate for your rights, ensuring the best possible outcome in your case. We understand the upset that follows a medical error and we are committed to safeguarding our client's interests while seeking appropriate redress for the harm they have endured.
Medical negligence events can have a profound impact on patients both physically and emotionally. They may experience worsening health conditions, prolonged recovery periods, and additional medical complications. They may require further interventions and face significant financial burdens, including medical expenses and lost wages. They often endure distress, anxiety, and a loss of trust in the healthcare system. The consequences often affect families who witness their loved ones suffer, as they do their best to provide support. That is why we are particularly empathetic towards our clients who have endured suffering at the hands of medical professionals.
It is important to acknowledge that not all medical errors automatically imply negligence as there can be various contributing factors that are beyond the control of the healthcare providers. The distinction between an honest mistake and negligence is often determined by evaluating the overall quality of care provided.
In order to proceed with a medical negligence case, the patient's medical records and the specific circumstances surrounding the case are examined by an expert medical professional who will compile a report based on their opinion of the care that was provided. This report forms the basis of the legal case.
Request a CallbackWe firmly believe in delivering justice to victims of medical error. In conjunction with seeking damages for our clients, we tirelessly advocate for an apology and an admission of the mistake that was made, as well the implementation of systemic changes to prevent others from enduring similar suffering.
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Gillian Browne Solicitor specialises in medical negligence cases including but not limited to:
Statute of limitations in Medical Negligence cases:
It is important to note, that in most medical negligence cases there is a two-year time limit from the date of the incident or the date of knowledge, to issue court proceedings.
Gathering information and medical notes can be time consuming. Once those notes are in your solicitor's possession, an expert medical report is requested. Again, this can be a lengthy process.
Given the time required to prepare a case, it is important to consult with an expert medical negligence solicitor as soon as possible, if you believe you may have a case. Contact us today to discuss your case.
Gillian is a Trinity College graduate (BBS) and qualified as a Solicitor in 1999 following which she practiced with H.C. Browne Solicitors and became a Partner in 2003. H C Browne Solicitors transferred to Ferrys Solicitors LLP in 2013 and Gillian continues to practice as a Solicitor with Ferrys at the Artane/ Coolock Office.
Gillian specialises in the areas of Personal Injury* Litigation and Medical Negligence. Gillian has represented many clients over the years who have suffered a broad range of injuries, including life changing catastrophic injuries. At an extremely challenging time in a client's life, Gillian seeks the compensation they deserve in recognition of the pain, suffering and financial losses caused by negligence.
You can contact Gillian in our Artane office at 01 8327849 and by email at gillian@ferrysolicitors.com
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To bring a successful medical negligence claim in Ireland, you must prove four key elements:
1. Duty of Care
A duty of care arises when a healthcare professional—such as a doctor, nurse, or dentist—is responsible for treating a patient. They are legally required to provide a reasonable standard of care.
2. Breach of Duty (Deviation from the Standard of Care)
You must show that the healthcare provider's actions (or inactions) fell below the accepted standard of care in their field. This is typically established through expert reports on liability, which assess whether the care provided was negligent.
3. Causation (Direct Cause of Injury)
There must be a direct link between the breach of duty and the injury suffered. It must be proven that but for the breach, the harm would not have occurred. This connection is confirmed through expert medical evidence on causation.
4. Damage
Finally, you must have suffered a tangible loss or injury as a result of the negligence. This can include:
Important: Even if negligence occurred, no claim can succeed without proving actual damage.
Medical negligence claims in Ireland must generally be initiated within two years from:
Exceptions:
We aim to resolve claims as quickly as possible. However, timelines can vary depending on the complexity of the case and factors such as:
Cases involving catastrophic injuries or multiple expert opinions can take significantly longer.
Once a case settles, payment is usually received within 4 to 8 weeks, though this can vary depending on the circumstances.
For Minors (Under 18):
The settlement must be approved by the Court, and the funds are held by the Court until the child reaches 18 years of age.
The highest compensation amounts are typically awarded in cases involving catastrophic injury.
A claim may include:
For pain, suffering, and impact on quality of life.
The maximum award currently is €550,000 for the most severe injuries.
Covers past and future financial losses, such as:
An actuarial report is used to calculate future financial losses based on age, injury severity, and life expectancy.
Please refer to the four essential elements outlined above:
Our team can help assess your case and guide you through the process of obtaining the necessary expert reports and documentation.
