Medical Negligence Claims are often more complex than any other types of personal injury claims.
In Ireland, a medical negligence claim may arise if you have suffered an injury (or an exacerbation of a pre-existing medical condition) as a result of medical mistreatment, misdiagnosis or lack of care.
Even if a better standard of care could have prevented the injury/misdiagnosis, it doesn’t necessarily follow that liability can be established against the particular doctor or hospital involved.
The injured party must be able to establish a direct connection between the negligence of the medical practitioner and the injury (whether physical or psychological) concerned. While, as a matter of law, the medical profession and its agents do owe a duty of care to the public, it is extremely important to point out that it is often difficult to prove negligence on the part of the doctor/hospital involved when an injury has occurred or a misdiagnosis has been made.