Medical negligence cases in Ireland are frequently headline news, especially when compensation settlements are in the order of millions of Euros. However medical negligence cases involving such high compensation settlements are relatively rare, and usually involve serious injuries or the death of a patient.
Most medical negligence cases are settled for lower compensation amounts, with medical negligence cases in Ireland averaging a compensation payment of 63,000 Euros according to the State Claims Agency. Compensation awards in medical negligence cases in Ireland will depend on many factors and no two cases are exactly the same. Even when the same injuries have been sustained by two patients, the compensation awards that each will receive may differ by a substantial amount.
What Determines Compensation Amounts in Medical Negligence Cases
When a medical negligence solicitor assesses medical negligence cases, he will not only calculate a compensation figure for the physical and psychological injuries which have been suffered by a medical negligence victim, but he will also determine how those injuries have affected the victim and how they will continue to affect the victim throughout the recovery period. A medical negligence solicitor will assess the level of ‘loss of amenity’ and how this changes an individual’s quality of life. It is why compensation awards can vary significantly between medical negligence cases which appear to be similar at face value. The age, sex and general state of health of the victim will also affect the compensation amount which can be claimed.
Callers to our free claims helpline often want to know how much compensation is likely to be awarded in their medical negligence cases; however an accurate figure can only be calculated following a detailed examination of each medical negligence case. However, in some medical negligence cases it may be possible to provide an indication of the general level of compensation which should be claimed.
Timescale for Filing Medical Negligence Cases
Medical negligence cases in Ireland have to be filed within two years of the ‘Date of Knowledge’ that an injury which has been sustained due to medical negligence, as governed by the Statute of Limitations in Ireland. Although the date of knowledge may coincide with the date that an injury has been sustained, in many cases an injury may not be known until sometime later. A failure to diagnose cancer for instance, may not be evident for many weeks or months after the initial misdiagnosis has been made. There are exceptions to the Statute of Limitations in Ireland, most notably when medical negligence cases involve brain injuries which affect cognitive function. In such cases the time limit may never be applied.
Medical Negligence Cases Involving Children
Medical negligence cases involving children are treated differently by the Statute of Limitations in Ireland, as a child is a legal minor and can therefore not take legal action until the age of 18. Medical negligence cases involving children see the Statute of Limitations apply from the date of the child’s eighteenth birthday, although claims for compensation can be filed before this date by a parent or legal guardian (or other responsible adult) acting as a ‘next friend’ for the child. Settlements for medical negligence cases involving children will always have to be approved by the Irish courts before payment can be made, and a medical negligence solicitor should be consulted as soon as possible after child medical negligence is suspected.
Free Assessment of Medical Negligence Cases in Ireland
All medical negligence cases in Ireland are different, and each requires an individual assessment by an experienced medical negligence solicitor in order to determine whether a victim of medical negligence can make a claim for compensation.
When you call our free medical negligence claims helpline you will speak directly with an Irish medical negligence solicitor who will be happy to answer any legal questions you have. Our solicitors speak in plain English, and will not only assess your eligibility to make a claim, but will tell you what you will need to do next in order to preserve your right to claim compensation for your injuries.
For a free legal assessment of medical negligence cases in Ireland, call our claims helpline today on Freephone 1800 989 995, or request a call back at a more convenient time by completing the call back form below.