Invariably there will always be an inherent risk attached to medical treatment and operations. However, sometimes a medical practitioner can perform below the standard expected of a professional. When this results in an injury, the patient may have a case in medical negligence.
If one is to succeed in a medical negligence claim, they must prove that their treating doctor acted below the standard expected of a professional.
This can only be decided by evidence from expert witnesses who can testify that the treating doctor’s care fell below the accepted professional standard.
Therefore, the first step in any case in medical negligence will be the obtaining of a report from another expert doctor to say that the treatment received was negligent.
Examples of common cases of medical negligence that come before the courts include the failure to diagnose a condition, the failure to refer a patient to a specialist, the making of a late diagnosis or the making of a serious mistake in the course of surgery.
A medical professional may also be found liable for failing to obtain what is referred to as ‘informed consent’ from a patient. A doctor must inform the patient of any possible harmful consequence that may arise from a course of treatment so that the patient can give proper consent to the procedure. Generally a plaintiff will have two years from the date of the negligent act under the Statute of Limitations to bring an action for medical negligence. However this can be extended if a person only finds out at a future date that something was done incorrectly.
If you have any questions regarding medical negligence please do not hesitate to contact our expert team on 0433346440 or at info@connellansolicitors.ie
