• Lavelle Partners successfully secured a significant settlement on behalf of a Plaintiff who developed right brachial plexus as a result of his negligent delivery

• Lavelle Partners successfully secured compensation through the Hepatitis C & HIV Compensation Tribunal for a client that had been infected through a blood transfusion

• Lavelle Partners successfully settled a matter on behalf of the Parents of a Baby that Died at Birth as a result of Hospital Negligence

• Lavelle Partners secured significant settlement for woman who suffered as a result of Surgical Negligence

• Lavelle Partners secures significant settlement for Plaintiff who suffered a substantial Bladder Injury during surgery which led to Kidney Loss

• Lavelle Partners secures settlement for a Plaintiff suffering from Cerebral Palsy due to negligence surrounding the circumstances of his birth at a regional hospital

• Lavelle Partners secures significant settlement for Plaintiff who suffered a Bladder Injury and significant Nerve Damage during surgery

• Lavelle Partners secures settlement for Plaintiff who developed cervical cancer following a misread smear test

• Lavelle Partners secures settlement for Plaintiff who lost her husband due to delay in diagnosing his Cancer

• Lavelle Partners secures settlement for Plaintiff who suffered an Undiagnosed Abscess on her brain following Brain Surgery

• Lavelle Partners secures settlement for Plaintiff who lost her right fallopian tube and ovary due to overlooked torsion

• Lavelle Partners secures settlement for Plaintiff who suffered significant damage to her teeth as a result of incompetent orthodontic work

Medical care may be considered negligent where:

• A Patient was owed a Duty of Care by a clinical professional.

• That Duty of Care was breached by sub-standard treatment (i.e. the care provided fell below the standard expected of a competent clinical professional).

• The errors made resulted in injury to the patient (including both physical and psychological injury).

Clinical professionals that it may be possible to pursue a claim against include doctors, nurses, dentists, physiotherapists, pharmacists, midwives, psychiatrists and surgeons.

Compensation for Medical Negligence can potentially cover specific financial costs incurred including:

• Care Support

• Lost Income

• Medical Treatment

• Rehabilitation Services

• Specialist Equipment

It may also be possible to claim for the non-financial impact of negligent medical care, such as pain and suffering and loss of amenity (i.e. not being able to carry out activities the claimant previously enjoyed).

There is a two-year time limit for most types of Medical Negligence claims; it is important to keep this in mind when considering pursuing compensation.

Date of Knowledge
A key point is that the two-year time limit will be counted from the ‘date of knowledge’ i.e. the date when the claimant was first aware of the following key points:

• That they or their loved one has been injured.

• That the injury was significant.

• That the injury was caused by negligent medical treatment.

• The identity of the person responsible for the injury.

The date of knowledge could potentially be weeks, months or even years after the injuries occur; this can have a significant impact on how long a person has to claim.

Time Limits for Medical Negligence Claims for Children

• Where the claimant was under 18 years of age at the time the negligence occurred, the standard two-year time limit will be counted from their 18th birthday.

• They and / or their parents or guardians will therefore have until the claimant turns 20 to make a claim.

Time Limits for Medical Negligence Claimants who lack Mental Capacity

• If the claimant is deemed to lack the mental capacity to pursue a claim themselves, there is normally no time limit for someone else to make a claim on their behalf.

• If the claimant later regains mental capacity (e.g. if they wake from a coma) then the two-year time limit will be counted from the date of knowledge as with a standard claim.

Before making a claim for Medical Negligence, a report from an appropriate qualified medical expert must be obtained to confirm that the medical care received fell below an acceptable standard.

For a valid claim, it must be shown that two conditions have been met:

• A Breach of Duty of Care: It must be shown that the clinical staff providing treatment owed the patient a Duty of Care and that duty was breached by mistakes that no other health professional would have made under the same circumstances.

• Harm Suffered due to that Breached Duty of Care: It must be shown that the harm a patient suffered was caused by the clinician’s errors i.e. on the balance of probability, the harm would have been avoided if the clinician had not made the errors that they did.

The balance of probability means that it must be shown there is at least a 50% chance that the clinician was responsible for the harm a patient suffered.

How much compensation is available for a specific instance of Medical Negligence will be determined by the impact on the patient of the harm caused. This can include:

• Any financial costs or losses caused by the patient’s injuries.

• Future financial losses or costs the patient expects to incur due to their injuries.

• The non-financial impact on the patient’s life such as:

  • Pain and suffering.

  • Loss of amenity (i.e. not being able to carry out activities the claimant previously enjoyed).

Interim Payments for Medical Negligence
Often there is the need for immediate financial support to cover costs such as fees for medical treatment, rehabilitation care and other essential support.

Where this is the case, it may be possible to secure interim payments while a claim is ongoing, allowing the claimant to access the support they need sooner.

When someone has died due to Medical Negligence, an appointed Personal Representative of the deceased may be able to make a claim under the terms of the Civil Liability Act, 1961, Part 4. They will have two years from the date of death to do so.

In the event that a personal representative is not appointed within six months of the date of death, anyone who was a dependant of the deceased at the time of their death can potentially pursue a claim within the time limit.

Compensation for a fatal Medical Negligence claim can include damages for:

• Psychological distress

• Loss of dependency, covering the loss of financial and practical support from the deceased

• Specific financial losses resulting from the death, including funeral expenses

Find out more about Fatal Injury Claims.