+ What is the Duty of Care?

All health professionals are under a legal Duty of Care to exercise their professional skills with reasonable care. In order for a medical negligence claim to be successful, it must be proved that this duty of care has been breached. The plaintiff must demonstrate that they did not receive the standard of care expected from a reasonably competent, skilled specialist in that area.

For a medical negligence action to succeed, the following conditions must be satisfied:

• breach of a duty of care;
• harm suffered by patient due to that breached duty of care; and
• harm suffered was caused by the negligence of the healthcare worker. I.e. on the balance of probabilities, the harm would have been avoided if the healthcare worker had not made the errors that they did.

+ Who can I sue for medical negligence?

Relevant medical treatment is not limited to that provided solely by “doctors”, but also by a wide variety of healthcare professionals, including:

• Hospital doctors
• Private doctors
• Nurses
• General Practitioners
• Dentists
• Radiologists
• Mental Health Professionals
• Medical Consultants
• Surgeons
• Plastic Surgeons
• Physiotherapists
• Opticians
• Psychologists

If you have received treatment from any medical professional (including those listed above) and you need legal advice in relation to your treatment, please contact us to discuss your case.

+ What are Birth Injury Claims?

For expectant parents, giving birth is a time of enormous excitement mixed with nerves and anxiety. While most babies are thankfully delivered safely, injuries may arise which can have implications for the long-term health of you (or your son/daughter).

Birth injuries can arise from mismanagement of a pregnancy, labour or the aftercare following birth. In some cases, injury is not always immediately noticeable at birth. Sometimes, injuries to the infant can manifest months or even years following birth. Damien Tansey Solicitors LLP has successfully won many cases involving children diagnosed with birth injuries due to medical negligence.

+ What type of birth injuries can I claim for?

An example of some common birth injuries include (but are not limited to):

• Cerebral Palsy
• Stillbirth
• Brain damage
• Erb’s Palsy
• Broken bones
• Damage from forceps or other medial implements (e.g. cuts or scars)
• Lack of oxygen (asphyxia)
• Injuries to the mother, including tearing, infection and incorrect management of preeclampsia

+ Do Medical Negligence Claims need to be submitted to the Personal Injuries Assessment Board (PIAB)?

It is generally not required to submit medical negligence claims to PIAB – however, specialist legal advice should always be sought from a Solicitor.

+ How many years do I have to make my Medical Negligence Claim?

It is important to note that strict time limits apply in relation to your entitlement to make a medical negligence claim. These time limits are referred to as the Statute of Limitations. They are set out in the Statute of Limitations Act 1957. The legal time limit for a medical negligence claim is usually two years (less one day) after the date you became aware of your injury.

Usually, the ‘date of knowledge’ will be the same date as the date the medical negligence occurred. Sometimes however, a person may not realise their injury until some time after the medical negligence occurred. In such cases, the two years starts running from that later date. The date of knowledge could potentially be months or even years after the injuries occur, so this can have a significant impact on how long a person has to claim.

Certain exceptions to the above rule apply, including:

• Where the claimant was under 18 years when the negligence occurred – the two-year time limit will start to run from their 18th birthday.

• Where the claimant is deemed to lack the mental capacity to pursue a claim themselves, there is normally no time limit for someone else to make a claim on their behalf.

To find out if you qualify for a medical negligence claim, please contact us about your case. We will help you to determine how long you have left to make a claim.

+ What is a Medical Expert Report?

It is important to note that before court proceedings can be issued, Irish law provides that an expert report must be obtained from an independent medical expert. Copies of your medical records must also be obtained before the expert can prepare his/her report. While obtaining your medical records and an expert report can take several months, rest assured that our Solicitors will manage this process for you from start to finish and will provide you with updates at regular intervals.

In completing their report, the independent expert will analyse the medical treatment you received and the actions of the doctor as well as your medical records in order to determine if the doctor’s negligence ‘more likely than not’ caused your injuries.

+ How much is my personal injury claim worth?

The value of your personal injury claim will depend on several factors. Compensation is referred to an ‘damages’ and these can be divided as follows:

• General Damages – such as damages for pain and suffering and/or physical and emotional injuries following your accident.
• Special Damages – out of pocket expenses incurred as a result of the accident. This includes, loss of earnings (if you were out of work), medical bills, and travel costs as a result of the accident, for example, travel to and from the hospital or medical appointments.
• Material Damages – damage caused to your personal property (e.g. your car or bicycle).

Attempting to value your claim can be difficult. Therefore, please contact us to better understand your legal position.

+ What Legal Fees will I have to pay?

Solicitors’ fees are based on a number of factors, including the complexity and urgency of your case and the amount of time spent on your case.

We understand that you will be concerned to know how much it will cost you to pursue a legal action. Our experienced Solicitors will explain to you at the outset how legal fees will be charged in your case – using clear and easy to understand language.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of S.I. No. 229 of 2019.

+ What is no win no fee?

A ‘no win no fee’ arrangement means that if your legal action is not successful, then most legal fees are not charged to you. The Law Society of Ireland regulates how law firms can advertise their services and one of these regulations is that law firms cannot advertise ‘no win no fee’ services. Any Solicitor found to be advertising these services will be found to be in breach of the regulations.

Our experienced Solicitors will explain to you at the outset how legal fees will be charged in your case – using clear and easy to understand language.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of S.I. No. 229 of 2019.

+ What is a Fatal Injury Claim?

Fatal Injury Claims are also referred to as “Wrongful Death Claims”. They arise where a person has died as a result of the wrongful acts of another person. It is the ‘dependants’ of a deceased person (rather than the deceased person themselves) that bring a fatal accident claim against the wrongdoer.

Examples of Fatal Injury Claims include:

• Medical Negligence resulting in death
• Accidents at work
• Road traffic accidents

+ How many years do I have to bring a Wrongful Death Claim?

The Statutory Dependant of the deceased person has a period of 2 years from the date of death to bring a fatal accident claim.

To pursue a claim, you must have suffered financially and emotionally due to the fatality and you must be a Statutory Dependant of the deceased person.

+ Who is a Statutory Dependant?

The relevant legislation provides that a Statutory Dependent of the deceased includes:

• Partner or former partner
• Parent
• Child
• Grandparent
• Grandchild
• Brother or Sister
• Adopted child
• Half-sibling

The deceased person may have a large number of Statutory Dependents. However, only one legal action can be brought on behalf of all the deceased’s dependants in relation to the death.

If you are unsure if you qualify as a Statutory Dependent, please contact us to discuss your case. Our Solicitors will carefully listen to the details of your case and confirm if you may be included in a claim for fatal injury.

+ What is a Coroner’s Inquest?

Where a death occurs in unknown or uncertain circumstances, the Coroner is responsible for carrying out an investigation into the underlying reason. Specifically, the Coroner will hold an Inquest to investigate the death of the deceased person.

The purpose of the inquest is to establish the facts surrounding the death and to place those facts on the public record. The Coroner cannot attribute criminal or civil liability to any party, or indeed exonerate any party.

The Coroner will make findings on the identification of the deceased, the date and place of death, and the cause of death. The range of verdicts open to a coroner or jury include accidental death, misadventure, suicide, open verdict, natural causes, and unlawful killing.

Damien Tansey Solicitors LLP has represented countless bereaved families at Coroner’s Inquests following the death of a loved one. Whilst no allegations concerning liability can be made, nonetheless crucial information can be obtained in relation to the circumstances of the death of the deceased person. If you need advice in relation to the death of your loved one or a Coroner’s Inquest, please contact one of our Solicitors who would be happy to discuss further with you.