24th August 2014 Michael J Horan

MEDICAL NEGLIGENCE

If you have suffered an injury due Medical Negligence, the litigation team at Michael J. Horan Solicitors will advise you on whether you have a Medical Negligence case.

The following are some of the areas of medical negligence that we advise upon:

• Cerebral Palsy
• Birth Injuries
• Obstetrics / Gynaecology
• Brain Injury
• Joint, Knee and Hip Replacement
• DePuy Hips
• Dental
• Plastic Surgery
• Medical and Dental Product Liability
• Pharmaceutical (Drugs)
• Hospital Acquired Infections
• Eyes/Ophthalmic Injuries
• Cosmetic Surgery
• Delayed Diagnosis Claims
• Surgical Claims

Medical Negligence is a very complex area of law which requires specialist expertise on the part of the legal advisor.

WHAT IS REQUIRED
Firstly it will be necessary to obtain all of your relevant medical records. These will have to be examined and discussed with you to ascertain what went wrong and whether or not such actions/events constitute Medical Negligence.

In order to prove that a doctor is negligent, it is necessary to establish that no reasonably competent practitioner in the relevant field, at the relevant time, with the same qualifications and expertise, faced with the same circumstances, would have acted in the same way.

It is also necessary to show that the medical negligence (if established) resulted in the injury/poor outcome which occurred. If this cannot be proven, there is no case in Medical Negligence.

TIME LIMITS IN MEDICAL NEGLIGENCE

The time limit within which a case can be taken is two years from the date of the accident/ injury. In the case persons under the age of 18 years the time limits are extended by the legislation. There is an allowance made for those who did not have knowledge of the wrongdoing (or alternatively that the person did not have knowledge that the wrongdoing caused the injury) and in those circumstances, the time may be extended.

For further advice please contact Michael J. Horan, Solicitor, at Tel: 071 9140774 or by email info@michaeljhoran.ie

MICHAEL J. HORAN, B.C.L. T.E.P. Solicitor