Clinical Injuries Medical Negligence Claims

Medical Negligence Claims for Clinical Injuries

Clinical negligence is a harm caused by the wrongful action or inaction of a clinician. It is almost never driven by malice or an intention to harm, but is instead the result of medicine being a human profession, with the acknowledged capacity for error. For this reason, doctors of all specialities hold insurance. This ensures that people who are injured as a result of clinical negligence have an assurance they will be compensated. Our award winning team can guide you through that process, advising you on your rights and best interests throughout each stage.

Award Winning Medical Negligence Solicitors

McGarr Solicitors is one of the Irish Independent Statistia Top 75 Law Firms of 2022 and of 2023 for Medical Negligence and Traveler’s Irish Law Awards finalists in the category of Medical Negligence Firm of the Year.

Surgical Error and Clinical Negligence Claims

There are over a million surgeries performed in Ireland each year. While injuries arising from surgical negligence are only a tiny percentage, the impact on individuals can be debilitating, interfere with their ability to work, and even have life-long consequences.

Making a Surgical Negligence Claim

We have represented clients who were:

Scarred after being burned on the operating table
Suffered nerve damage caused by surgery,
Had surgeries to which they had not consented
Suffered additional scarring from extra surgeries being required to fix earlier problems.

The range of injuries is as varied as the range of reasons for surgeries in the first place. What matters is that we keep the focus on what you need to know, and how to move forward.

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Dental Surgery Mistakes

Dental surgery, a specialised form of medical treatment, can present complexities not seen in other medical fields. When dental surgery results in injury, you may need specialised Medical Negligence representation.

Making a Dental Surgery Medical Negligence Claim

Common injuries we routinely see that can lead to a successful medical negligence claim include:

Scarring with significant consequences
Sinus injuries
Long-term dental pain
Nerve damage
Broken jaws

In cases like these, we act for clients to seek compensation for their injuries, including any remedial surgery or treatment fees needed to address or lessen their consequences.

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Implant and Medical Device Injury Claims

Medical implants are required to meet stringent standards of both design and manufacture. Injuries arising from a failure of either standard are complex but actionable.

Making an Implant or Device Medical Negligence Claim

Most people are surprised to learn that under Irish law, when design or manufacturing flaws make it into production and then into clinical usage, it is the supplier of the faulty implant (the hospital or the doctor) who is answerable in law to the patient for the failure.

In such cases, we assist clients in pursuing compensation for their injuries, including the costs of any corrective surgery or treatment required to reduce their impact. Our most high-profile experience includes representing individuals who were unknowingly fitted with defective DePuy hip implants, and with breast implants made with non-surgical grade silicone, but we have wide ranging experience with cases across many different kinds of faulty implants and devices.

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€195,000 Settlement for McGarr Solicitors Medical Damages Client

The settlement was made in respect of surgical error and included an additional €147,000 awarded in costs.

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Common Questions about Medical Negligence Claims for Clinical Injuries:

How do I know if an avoidable mistake happened during my surgery?

After your surgery, your doctor may explain to you that something went wrong or you were injured in the course of your operation. However, they are unlikely to tell you that it was because of an avoidable mistake. Ireland lacks a full mandatory open disclosure system, leaving many patients with unanswered questions. To determine if an avoidable mistake occurred, experienced medical negligence solicitors must thoroughly review your medical records to establish the sequence of events before, during, and after your injury. An independent medical expert must then review these facts and provide you with the answers that you need to determine if an avoidable mistake occurred during your surgery.

What does a medical misdiagnosis mean?

Medical misdiagnosis falls into three categories. If any of them describe your situation, you should consult an experienced, specialist Medical Negligence solicitor:

1. Failure to diagnose: A condition is undetected if a doctor misses key symptoms, leaving the patient untreated. This can lead to worsening health, long-term complications, or even death.
2. Delayed diagnosis: A postponed diagnosis can allow a condition to progress beyond curable stages, potentially causing irreversible harm.
3. Incorrect diagnosis: A wrong diagnosis may lead to unnecessary treatment while the actual condition worsens. This can cause harmful side effects, complications, or further injury.

How do I know if medical negligence delayed my diagnosis?

While some diagnostic delays are beyond a doctor’s control, medical professionals are responsible for taking reasonable steps to ensure a timely and accurate diagnosis, with proper regard for the consequences of any delay or mistake. The consequences of a delay depend on the condition—urgent cases like testicular torsion require diagnosis within minutes to avoid further harm, while subacute conditions may take weeks or months before worsening. A medical expert can assess your records to determine if the timeliness of your diagnostic care fell below standard—meaning another competent professional would have diagnosed you faster—and whether this delay caused you additional harm or injury..

How is compensation for medical negligence calculated?

Compensation is divided into two categories:

1. General Damages: Non-financial losses like pain, distress, reduced quality of life, and loss of opportunity.
2. Special Damages: Financial losses such as medical expenses, lost earnings, and care costs.

Several factors influence compensation under these two categories, including pre-existing conditions, injury severity, and whether the impact is temporary or lifelong. The State has issued compensation guidelines based on the injured body part, known as the “Book of Quantum.” These guidelines are intended to inform settlement decisions made by judges and claims managers. However, an experienced medical negligence solicitor ensures each case is assessed individually to secure a fair settlement. McGarr Solicitors commission specific reports from medical experts on the patient’s condition and prognosis to ensure appropriate compensation..