A medical negligence claim may arise if you have suffered an injury as a direct result of medical mistreatment or lack of care that you have received. This may also be referred to variously as a ‘medical accident’, ‘adverse incident’, or ‘patient safety incident’. It is important to note that this does not necessarily mean the medical treatment was negligent.

While better quality of care or safety measures might have prevented your injury, it may be that the incident itself was, in fact, completely unavoidable or a recognised or known risk of the treatment.

The Irish legal system recognises that medical negligence claims are more complex than any other type of personal injury law.

Unlike almost every type of personal injury compensation case, the Injuries Resolution Board (IRB) has no jurisdiction to deal with such claims. Section 3(d) of the Personal Injuries Assessment Board Act 2003 excludes claims “arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person.”

In order to establish negligence, a claimant must prove:
The defendant owed him a duty of care.
There was a breach of that duty.
Damage flowing from the breach, which is not too remote, is causation.

Contact our office to schedule a consultation with Dermot McNamara, who can provide expert advice on whether you or a loved one have been a victim of medical negligence. If so, we will guide you through the next steps, ensuring you receive the support and representation you deserve. Contact us to discuss a potential case on (01) 8438766 or info@dermotmcnamara.ie.