Understanding Medical Negligence
Medical negligence refers to a breach of duty of care by a healthcare professional that results in harm, injury, or loss to a patient. It can occur in various healthcare settings, including hospitals, clinics, and doctor’s offices. Examples of medical negligence may include misdiagnosis, surgical errors, medication errors, birth injuries, and failure to obtain informed consent.
Legal Considerations
In Ireland, medical negligence cases are governed by both common law and statutory law. To establish a claim for medical negligence, the following elements must be proven:
Duty of Care: The healthcare professional owed a duty of care to the patient.
Breach of Duty: The healthcare professional breached the duty of care by failing to meet the required standard of care.
Causation: The breach of duty caused harm, injury, or loss to the patient.
Damages: The patient suffered damages as a result of the breach of duty.