Medical Negligence

Medical negligence can lead to physical, emotional and personal trauma as well as significant disability for unfortunate victims.

The Law for medical negligence in Ireland is complicated and is governed by the test set out in the Supreme Court case of Dunne V The National Maternity Hospital (1989).   This case provided that:-

• A medical practitioner was negligent in diagnosis of treatment only if he was guilty of such failure as no other medical practitioner of equal specialist or general status or skill will be guilty of if acting with ordinary care.
• A Plaintiff will establish negligence against a medical practitioner by proving his deviation from a general and approved practice only upon proving also that the course taken was one which no other medical practitioner of like specialisation and skill would have followed when taking the ordinary care required from a person of his qualifications.

Our firm offers a dedicated service to the victims of medical negligence and our Principal Liam Moloney has received an advanced Diploma in Civil Litigation from the Law Society of Ireland and he is a specialist in the area of medical negligence claims.

Medical negligence claims can cover the following areas:-

• Cancer misdiagnosis;
• Negligence by general practitioners;
• Cerebral palsy cases;
• Plastic surgery errors;
• Cosmetic surgery errors;
• Orthopaedic surgeons negligence;
• Neo-natal surgery;
• Obstetrics or gynaecological injuries;

There are also compensation schemes for people who suffered mental or physical abuse and the Our Lady of Lourdes Hospital scheme has been established for victims of the wrongful acts of a consultant obstetrician who performed unnecessary hysterectomies in the Our Lady of Lourdes Hospital, Drogheda, Co. Louth between 1974 and 1998.

Liam Moloney, our principal Solicitor has undertaken a three month specialist course in the Law Society of Ireland dealing with all aspects of medical negligence to include areas concerning informed consent as all persons undergoing elective procedures must receive warnings as to the possible side effects and complications that could arise from these procedures.  This has been established in Irish Law.

For further information and advice regarding your legal rights and entitlements please e-mail liammoloney@moloneysolicitors.ie.