Cosmetic Surgery / Medical Negligence Claims
If you have any questions about a med neg or cosmetic surgery negligence you have suffered, talk to us today. We are here to help. No Win No Fee* Explained.
Has your life been affected due to an accident caused by negligent medical care?
Medical negligence occurs when a healthcare professional fails to provide the level of care that a reasonably competent professional in the same field would have offered under similar circumstances. This negligence must directly cause harm or injury to a patient. However, a negative medical outcome does not automatically indicate negligence. There must be clear evidence that the standard of care was not met and that this deviation caused the harm experienced by the patient. If you have any questions, Talk to us today, we are here to help.
How to know if you have a medical negligence claim?
Medical negligence is a complex area of law and it is therefore vital that you have an experienced legal team behind you. Synnott Lawline are equipped with the knowledge and expertise to guide you through all of the hurdles involved in bringing a successful claim. In order to ascertain whether or not a patient has a stateable claim in negligence be it from Cosmetic, A&E or even Birth Negligence, it is necessary to prove, on the balance of probabilities, three essential elements:
Put simply, medical negligence is the failure on the part of a doctor, consultant or other medical professional to meet appropriate/expected standards of care. Once it can be shown that a medical professional has failed to meet the requisite standard of care it is then necessary to show that this failure resulted in an injury to the patient.
Medical malpractice – What you need to know
Suffering as a result of medical negligence can be devastating and often has long-term effects on a person’s quality of life. If you or a family member has suffered an injury as a result of negligent medical treatment and you are concerned that the service provided was insufficient, and as a result errors were made, you may be entitled to claim for your medical injuries. To establish that you may have a medical negligence case, there are 4 key elements to prove:
Why choose Synnott Lawline Solicitors?
Hiring a solicitor after suffering an injury or illness caused by a medical mistake is a big decision, but you can rely on our team to help you throughout your case.
We have the resources necessary to handle the toughest personal injury and medical malpractice cases, and we are not afraid of our defendants’ insurance legal teams.
We take our cases on a contingency fee basis*, which means that our clients will not pay any upfront or out-of-pocket costs for their case. We charge legal fees after we obtain the compensation our clients need. Read More ‘No Win No Fee Explained’.
Types of medical negligence claims services
There are different medical negligence claims our firm undertakes. The payouts for each claim can differ greatly depending on the case type. We will discuss your claim in detail and give you a clear understanding of whats involved to carry out your case and an idea of what your medical negligence payouts will be. Some of the medical malpractice claims we handle include the following:
Related information
Claims Process for Medical Negligence – FAQs
What proof is needed for medical negligence cases?
The first step in proving medical negligence is to establish that the Medical Professional owed the patient a legal duty of care. All medical staff and personnel are responsible for providing a level of care that complies with approved regulatory standards and protocols. Negligence can arise if a doctor, nurse, or other professional deviates from the appropriate standard of care.
It’s important to note that even if a patient (plaintiff / claimant) has clear evidence of the medic’s negligence, they do not have a negligence claim unless there is proof that the breach of duty caused the claimant harm or injury. Proving negligence will require an investigation into the causes of the accident and the gathering of all medical reports.
Why do I need medical records?
The next step in the process is to send the medical records and personal statement to one of our expert consultants based in the UK. We will ask this consultant to provide us with a “Liability & Causation Report”. To prepare this report, the consultant will review all of the medical records in detail and carefully read the personal statement. The report will confirm whether or not the treating doctor, in providing medical care, fell below the standard of care expected from someone with his expertise.
Liability & Causation Reports
It is worth noting that the Liability & Causation Report must be requested from a doctor with a similar background and expertise to the patient’s treating doctor. For example, a cardiologist could not be held to the same standards as a vascular surgeon. If a patient has received poor medical care from a cardiologist, we will endeavour to obtain a report from a cardiologist in the UK. Having specialised in medical negligence for many years, we have links with medical experts from whom we may obtain Liability & Causation Reports.
The legal definition of medical negligence
The test for establishing negligence in diagnosis or treatment on the part of a medical practitioner is whether he/she has been proved to be guilty of such failure that no medical practitioner of equal specialist or general status and skill would be guilty of if acting with ordinary care.
How to claim for a negligent childbirth case
Claims for medical negligence during childbirth include injuries caused by substandard treatment by consultants, nurses and other healthcare professionals. Once liability is proven, regardless of whether the claim is against the public or private sector, the infant’s guardian or parent may still be entitled to claim. In the case of minors (children under 18), a parent or guardian will pursue the case on behalf of the child.
How much compensation will I be entitled to?
As with all Personal Injury cases, the amount of compensation you will be awarded for your medical negligence claim depends on the severity of your injuries or those of your infant or child. Compensation figures for med neg claims can start around €5,000 for a minor injury and reach several million for complex clinical negligence cases that have resulted in life-changing injuries requiring lifelong care. For example, infants injured at birth may be entitled to compensation to provide lifelong care.
Should I accept the first compensation offer?
What if I receive a compensation offer directly from the other side? Insurance companies prefer to settle claims on terms most favourable to them, so you should not accept a first offer from an insurance company. It’s best to take independent legal advice on the true value of your claim.
Can I get an interim payment?
In certain cases, where liability is admitted, it may be possible to obtain an interim payment, but as a general rule, interim payments are not usual.
Will my medical negligence case go to Court?
Complex and multi-faceted claims where the claimant and the defendant cannot settle the case may end up in court proceedings and potentially a trial. These cases can often be challenging to prove negligence. Many cases are settled out of court. It’s important to remember not to be anxious if your medical negligence claim goes to trial, as your solicitor will assist at every stage of your case.
Who can I claim against for medical malpractice?
Medical Negligence claims are brought against GPs, hospitals (for the actions of their doctors, surgeons, nurses, midwives, therapists, etc.), and dentists, who can also be liable for negligent medical or dental care.
How long do med neg claims typically take?
Medical Negligence claims are brought against GPs, hospitals (for the actions of their doctors, surgeons, nurses, midwives, therapists, etc.), and dentists, who can also be liable for negligent medical or dental care.
Can I have a ‘No Win No Fee*’ agreement?
Yes, once we are instructed, our client receives confirmation in writing that no fees will be charged in the event that the claim is unsuccessful. *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 compliance with Regulation 8 of the S.I. 518 of 2002.
Medical Negligence Law and Misdiagnosis – What can be claimed?
Medical Negligence Law and Misdiagnosis – What can be claimed?
In order to succeed in a claim for medical negligence in Ireland, it is necessary to prove that the medical practitioner was guilty of a failure which was so unacceptable that no other medical practitioner with the same level of skill and expertise would have behaved in the same manner when acting with ordinary care.
When trying to ascertain whether or not a medical practitioner has been guilty of medical negligence they must be compared to a medical practitioner with the same expertise and skill, meaning that a GP cannot be held to the standards of a vascular surgeon or a heart surgeon cannot be held to the same standards as a neurosurgeon. The medical practitioners being compared should be of equal skill and status and working in the same field of medicine in order for it to be a fair and conclusive comparison.
In order to be successful in a claim for medical negligence the principles as set out in the case of Dunne V the National Maternity Hospital and Jackson (1989) must first be satisfied.
The principles of proving medical negligence
The principles of proving medical negligence can be summarised as follows:
- It must be proven that the medical practitioner was guilty of such failure as no other medical practitioner of equally speciality or skill would be guilty of if acting with reasonable care.
- It is not enough to prove that a medical practitioner has deviated from a general and approved practice. It must also be proven that the course of action that they did take would not have been taken by any other medical practitioner of like speciality and skill.
- On the other hand a medical practitioner cannot defend an action based on the fact that he followed a general and approved practice if it can be proven by the Plaintiff that the practice in question had inherent defects which ought to have been obvious to any person giving due care and consideration to the matter.
- If a case of medical negligence is brought before a Judge, it is not for the Judge to decide if one course of action is better than another where there is a difference of opinion between experts; it is in fact up to the Judge to decide whether the practitioner that followed one particular course of action instead of another has been negligent.
What makes a Practitioner Negligent?
What makes a Practitioner Negligent?
It has been stated above that a medical practitioner may be found negligent if they do not obtain fully informed consent. In order for consent to be classified as fully informed all risks and side effects inherent with the procedure in question must be brought to the attention of the patient. Once a patient has been fully informed it is then up to them whether or not they wish to have the particular procedure carried out. This particular heading of negligence only applies to non-emergency or optional procedures.
In order to prove a claim under this heading the patient must prove that had they been informed of all of the possible risks and side effects that they would not have gone ahead with the procedure or that they would have sought to undergo an alternative procedure.
It can be very difficult for a patient to prove that had they been given all of the information they would not have gone ahead with the procedure, especially if there were no alternative procedures available. It would only be advisable to bring a claim for medical negligence based on lack of disclosure and informed consent where the side effects arising from the procedure are common and therefore should have been brought to the attention of the patient.
What can a Victim pursue a Claim for?
What can a Victim pursue a Claim for?
A patient that has been a victim of medical negligence may pursue an injury claim for:
- Pain and suffering
- Past treatment received
- Future treatment
- Psychiatric or psychological injuries
- Loss of earnings
- Cost of having adaptions carried out to the family home
- Cost of future care
- Cost of any aids or equipment necessary
- Costs of hiring someone to carry out household duties
- Any other costs that can be directly linked to the injury sustained
PIP Breast Implants Claims
We specialise in breast surgery / PIP breast implant negligence claims arising out of negligently performed cosmetic surgery procedures. If you have any questions or wish to make a claim, contact our solicitors, who will talk you through the whole process and answer any questions that you may have.
Cosmetic Surgery Claims
If you have undergone a cosmetic procedure such as breast augmentation, tummy tuck or a laser treatment, where the results were unsatisfactory you may be entitled to compensation for your negligence cosmetic surgery claim.
Cerebral Palsy Claims
Cerebral Palsy is non-progressive (one-time injury to the brain with no further degeneration). This brain damage can occur during pregnancy, before birth or immediately following birth.
A&E Claims
A&E (Accident & Emergency) compensation claims usually arise where a doctor fails to diagnose a patient or makes the wrong diagnosis. If you have suffered any of the above while in A&E, you may be entitled to claim for your injuries.
No Win No Fee Explained
No Win No Fee – The legal term used to describe how solicitors take on a case where they pay the costs of the litigation. Irish Law Firms who operate on this basis pay for the medical reports, expert fees and other legal costs associated with your injury case. It’s common for specialised personal injury firms to operate on a “no win no fee” basis. Solicitors are not allowed to advertise no win no fee services.
Start your injury case
If you’ve suffered injury, loss, damage or expense as a result of another party’s negligent act or omission, you may be entitled to claim from that party or their insurers. Starting a case with our legal team is a seamless process. Subject to strict exceptions, you have two years from the date of your accident to commence legal proceedings. A different claims policy applies to children under 18.
What can I claim for?
Personal Injury Claim amounts are difficult to value at the outset of any case, but the value of your case in terms of General Damages will depend on the severity of the injury, the pain, suffering and inconvenience caused by the length of time to recover and the prognosis for the future. In addition, you are entitled to claim for all financial losses and expenses sustained by you as a result of the accident.
Med Neg Claims
Cosmetic Surgery Claims
FAQs
Got a question about Starting a Claim for Personal Injury or Medical Negligence? Send us a message!
If you’ve suffered a personal injury through no fault of your own, the path to fair compensation can be daunting. Our experienced solicitors have successfully represented clients across Ireland, offering compassionate, expert advice. Contact us confidentially any day of the week by call, email, text, or contact form, and a solicitor will respond. We’re here to help 7 days a week.
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