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Medical Negligence

Medical Negligence

Medical Negligence*

Medical Negligence is a specialist area of law practised by Kelly Law Solicitors.

During the course of medical care it sometimes occurs that those under care are victims of injury sustained by the negligence of those administering that care. Medical professionals cannot guarantee to cure problems suffered by patients, however patients are entitled to a certain minimum standard of care and should a patient suffer an injury, be it physical or psychological, as a consequence of a medical professional not meeting this minimum standard of care, then there may be a case in negligence.

Steps taken in a medical negligence claim:

  • 1. Obtain medical records under the freedom of information acts.
  • 2. Send records to a medical expert in that field to ascertain whether to requisite standard of care was satisfied.
  • 3. If we are satisfied from the medico-legal report that there is a case in negligence proceedings are issued in the Courts.

The causes of action in medical negligence matters vary greatly and so is is not possible to provide an exhaustive list, each case will rest on its individual facts. Examples of areas of claim include the following:

  • Laporoscopy or keyhole surgery
  • Cosmetic surgery
  • Cerebral Palsy Cases
  • Wrongful death
  • Misdiagnosis of cancer
  • Dental
  • Birth injuries
  • Cardiology
  • Ear Nose & Throat
  • Gynaecology
  • Joint replacement

In certain instances of medical negligence redress schemes will be set up to compensate victims. Such schemes include the Our Lady of Lourdes Redress Scheme to compensate the wrongful practices of Dr Michael Neary.

Kelly Law Solicitors have many years of experience in the area of medical negligence law and have built up relationships with the leadng experts in the area over the years.

It is the objective of Kelly Law Solicitors that our Clients receive the best advice possible and given the very best opportunity to bring all cliams to a satisfactory conclusion.

We would invite you to contact Kelly Law Solicitors in confidence to discuss the particular facts of any matter.

Note: It is important for anyone who feels that they may want questions answered regarding the medical care received by them that the statute of limitation applies to matters of medical negligence. In general terms the limitation period is two years from the occurance of the alleged medical negligence. This limitation period in a medical negligence action may vary depending on the circumstances. For example in the case of minors the limitation period begins on their 18 birthday. It may also be the case that the clock begins to run from the date that the victim became aware of the alleged medical negligence. It is important for any persons who are considering a medical negligence action to contact Kelly Law Solicitors to ascertain the specific time limits relevent to your case.