What is Medical Negligence?
We all accept that medical professionals have a difficult job to do in assessing our symptoms, making the correct diagnosis and providing the appropriate treatment, but what do you do when the standard of care of treatment is so poor that it causes further injury and suffering, or even death? It is only right that the law is there to protect you, when situations like this arise.
How Medical Negligence Works?
Medical negligence applies to all kinds of treatment by a surgeon, a nurse, a GP, a dentist, cosmetic surgery practitioner, and all persons or organisations providing treatment. You have to show your physical and/or psychological injury was caused by incompetent care, and that the poor treatment or lack of treatment actually caused your injury.
To bring a medical negligence claim, you will need to prove a number of things including:-
- That the standard of care that you received was below the standard that you could reasonably expect from a competent healthcare professional; and
- That you suffered a physical injury or psychological harm as a result of your treatment.
Do you have a claim for medical negligence?
If you have suffered any of the following because of a medical mistake or because of poor care given by a doctor or hospital staff.
- Was a mistake made during surgery, or did surgery cause you unnecessary pain or suffering?
- Have you been misdiagnosed or had a delay in diagnoses which lead to complications or a deterioration of your condition?
- Were you given the wrong medication?
- Do you believe you were not given the treatment that you needed?
- Did you receive treatment that you did not give your consent for?
- Were you fully informed about the risks or side effects of a particular treatment?
What are the time limits relating to a medical negligence claim?
A claim should be made within 2 years of the date of the act that you are claiming caused your problems. However, sometimes this is not always possible because you do not realise that you will suffer problems or are suffering until after 2 years has passed. In this case you must rely on the date of knowledge saver contained in Section 2 of the Statute of Limitations (Amendment) Act, 1991
If in doubt, you must take action as soon as you possibly can so as not to lose or bar your rights in medical negligence law.
How can we assist you?
The consequences of dealing with treatment that has gone badly wrong can be very stressful, Carter Anhold & Company Solicitors have a dedicated team which has many years’ experience of successfully completing cases and are ready to assist you now.
Please feel free to contact us by
Telephone: 071 91 62211