MEDICAL NEGLIGENCE

If you have been the subject to medical negligence, at Ernest J. Cantillon & Co., our experienced, committed & specialised solicitors will work with you in establishing if you have a Medical Negligence case. 

We have over 50 years cumulative experience in advising clients in relation to what is often a very distressing and difficult experience – when your medical treatment goes wrong. 

We are experienced listeners, we ask the right questions and we give clear & thoughtful advice as to whether a case can be pursued in the courts. 

The following is a selection of various areas which Ernest J. Cantillon & Co have represented Plaintiffs in:-

1. Errors and delays in diagnosis
2. Cancer misdiagnosis
3. Pregnancy and birth mismanagement
4. Cerebral palsy
5. Brain injury to adults or children
6. Brain injury of newborn babies (either as a result of mismanagement during pregnancy, labour or delivery or in the pediatric ward).
7. Erbs Palsy
8. Shoulder dystocia
9. Errors in Surgery
10. Orthopaedic mismanagement
11. Drug prescription & dispensing errors
12. Ophthalmic & laser/lasek eye surgery
13. Cosmetic & reconstructive surgery
14. Mismanagement in the Accident & Emergency Room
15. Dental negligence
16. Orthodontic negligence
17. Hospital acquired infections including C-Dif/MRSA, etc

Medical Negligence is an extremely complex area of the law and requires specialist expertise on the part of the legal adviser.  With our cumulative medical litigation experience, Ernest J. Cantillon & Company is the firm which legal colleagues recommend to consult, if such a query arises.

Essential law on Medical Negligence

Set out below is a basic account of the requirements for a Medical Negligence case. Please read on if you so wish, otherwise, you may contact a member of our team who will be happy to advise you further in relation to your own specific query.

In order to establish if there is a case in medical negligence, it will be necessary to obtain all of your relevant medical records.  These will need to be examined in consultation with you for the purposes of ascertaining what exactly went wrong and whether or not such actions/events constitute Medical Negligence, within the existing legal framework.

In order to prove that a doctor is negligent, it is necessary to establish that no reasonably competent practitioner in the relevant field, at the relevant time, with the same qualifications & expertise, faced with the same circumstances, would have acted in the same way.

If it is possible to show that a reasonable and competent body of medical opinion would have acted in the same way, then the care is not considered negligent.

The second hurdle which has to be overcome is that of “causation”.  This links the medical negligence (if established) with the ultimate unfortunate outcome.  In other words, it needs to be established that but for the error on the part of the doctor/hospitals the injury/poor result would not have occurred.  If this cannot be proven, there is no case in Medical Negligence.

STATUTE OF LIMITATIONS/TIME LIMITS IN MEDICAL NEGLIGENCE:

It is important to note the law in relation to the Statute of Limitations (time limits) within which a case can be taken is two years from the date of the accident/injury.  In the case of minors (persons under the age of 18 years or those with an intellectual impairment) the time limits are extended by the legislation. There is also an allowance made by the law for those who did not have knowledge of the wrongdoing (or alternatively that the person did not have knowledge that the wrongdoing caused the injury) and in these circumstances, the time may be extended. For further advice on these issues, you are strongly advised to contact a legal advisor expeditiously in order to ascertain what the specific time limit is in your own case.

Keywords : medical law, medical negligence, medical negligence compensation, medical compensation claims