The following are some of the most frequently asked questions, (Medical Negligence FAQ’s) about medical negligence cases:
- What is medical negligence?
Medical negligence is concerned with the negligent treatment of a patient by a healthcare professional. Healthcare professionals include, doctors, clinicians, consultants, surgeons, nurses, midwives, therapists, plastic surgeons, pharmacists, psychiatrists, anaesthetists and other healthcare practitioners. It arises in circumstances where a healthcare professional either acts or fails to act and in so doing deviates from an accepted standard of practice within the medical community causing injury, loss and damage to the patient.
- How is medical negligence established?
To prove negligence, it must be shown that:
- the medical professional concerned owed you a duty of care;
- that the standard of care provided fell below the medically accepted standards of the profession and in light of the prevailing circumstances; and
- in negligently treating you, an act or failure to act by the medical professional caused you injury, loss and damage.
- How do I know if I have a case?
The first step in the process is to contact us for a consultation. We will discuss your case with you in detail and advise you on the best course of action. At the initial consultation we shall give you an indication as to whether you have a potential claim based on the circumstances and information furnished.
It may however be necessary to take up a copy of your medical records and instruct an independent medical expert to review and assess the medical treatment given before advising you fully on the merits of your potential claim.
- How do I access my medical records?
Under the Freedom of Information Act you are entitled to request and receive a copy of your medical records from the hospital, clinic or medical professional that treated you.
- Is there a time limit on make a claim?
You have 2 years from the date of the knowledge of the injury to commence legal proceedings. The ‘date of knowledge’ is the date upon which the plaintiff knew or ought to have known that an injury has been sustained. An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin to run until a child reaches their eighteenth birthday.
If you require any professional assistance with your medical negligence case, please contact us on 094 9024116 or email us at reception@paulomalley.net.
