Dermot McNamara & Co Solicitors
We operate on a no win no fee basis. Dermot McNamara is our dedicated medical negligence solicitor, ensuring that your claim will be handled with care, sympathy and professionalism.
We will give advice on pursuing a case and take you through the process of determining if a negligence action exists by gathering legal and medical evidence.
You can contact us for more information here: Medical Negligence.
Frequently Asked Questions
How Do I know I have a Medical Negligence Claim?
A medical negligence claim may arise if you have suffered an injury as a direct result of medical mistreatment or lack of care that you have received.
This may also be referred to variously as a ‘medical accident’, ‘adverse incident’, or ‘patient safety incident’. It is important to note that this does not necessarily mean the medical treatment was negligent.
While better quality of care or safety measures might have prevented your injury, it may be that the incident itself was, in fact, completely unavoidable or a recognised or known risk of the treatment.
The Irish legal system recognises that medical negligence claims are more complex than any other type of personal injury law.
Unlike almost every type of personal injury compensation case, the Injuries Resolution Board (IRB) has no jurisdiction to deal with such claims. Section 3(d) of the Personal Injuries Assessment Board Act 2003 excludes claims “arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person.”
How Can I Prove Medical Negligence?
In order to establish negligence, a claimant must prove:
The defendant owed him a duty of care.
There was a breach of that duty.
Damage flowing from the breach, which is not too remote, is causation.
What Should I Do If I am Still Unsure If I Have a Medical Negligence Case?
Contact our office to schedule a consultation with Dermot McNamara, who can provide expert advice on whether you or a loved one have been a victim of medical negligence. If so, we will guide you through the next steps, ensuring you receive the support and representation you deserve. Call us on (01) 8438766 or email at info@dermotmcnamara.ie
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