Definition
Medical negligence https://hughessolicitors.ie/medical-negligence-actions/, also known as medical malpractice, occurs when healthcare professionals fail to provide a standard of care that a reasonably competent professional would offer in similar circumstances. It involves a breach of the duty of care owed to the patient, resulting in harm, injury, or worsening of a medical condition.
Common Examples
Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition accurately or within a reasonable timeframe.
Surgical Errors: Mistakes made during surgery, such as performing the wrong procedure or making errors during surgery.
Medication Errors: Administering the wrong medication or incorrect dosage.
Birth Injuries: Harm caused to the mother or child during childbirth due to medical negligence.
The Role of a Medical Negligence Solicitor
Legal Guidance and Assessment
The journey begins with seeking legal guidance. A medical negligence solicitor assesses the merits of a case by reviewing the circumstances, medical records, and other relevant information. They provide an initial evaluation of whether there is a valid claim.
Establishing Negligence
Solicitors specializing in medical negligence work to establish that the healthcare professional involved breached the duty of care owed to the patient. This involves demonstrating that the standard of care provided fell below what is reasonable and expected in the medical field.
Gathering Evidence
Building a strong case requires comprehensive evidence. Solicitors collaborate with medical experts to gather reports and opinions that support the claim. This may involve obtaining medical records, witness statements, and expert testimony.
Negotiation and Settlement
Solicitors aim to negotiate a fair settlement on behalf of the injured party. This involves discussions with the healthcare provider’s legal team or their insurance representatives. If a satisfactory settlement cannot be reached, the case may proceed to court.
