Accident and Emergency compensation claims arise when doctors or other A & E staff fail to make a correct diagnosis or referral. Other 1.5 million patients attend Emergency Departments in hospitals throughout Ireland each year. Many Emergency Departments suffer from overcrowding, pressure, inappropriate use and often lack of proper hygiene.

Accident and Emergency compensation claims

Studies have shown that Emergency Departments are the birth place of many medical negligence claims and that many of these claims relate to misdiagnosis.

It is the Senior House Officer (SHO) grades that are the grades that evaluate and treat the majority of patients presenting  at Emergency Departments. Emergency medicine is responsible for nearly 15% of all medical negligence claims.

The Clinical Indemnity Scheme operated by the State Claims Agency carried out a study which found that nearly 60% of errors had their primary root cause specifically related to status/knowledge/competence.

Many other common A & E errors are as follows:

  • Inadequate physical examination leading to mis-diagnosis
  • Failure to refer to the x-ray department
  • Failure to diagnose fractures
  • Failure to or order diagnostic tests and scans
  • Failure to properly interpret x-rays
  • Failure to diagnose acute conditions
  • Failure to diagnose symptoms of serious illness
  • Failure to diagnose emergency medical injuries including brain hemorrhage
  • Prescribing wrong medication
  • Not treating symptoms while waiting on the result of tests
  • Poor follow up advice.

Most doctors and nurses and medical attendants are employed by the HSE and therefore medical negligent claims are usually made against the employer hospital or HSE.

Time limits for submitting medical negligence claims?

The time limit for issuing proceedings under Medical Negligence cases is two years from the date on which the injury was sustained or the cause of action was known. This is governed by the Statute of Limitations Act. In some cases a later time period applies when an injury was not known to have been caused by medical negligence. In those circumstances once the injuries has been diagnosed and causally related to negligence on the part of a hospital/doctor then the two year period runs from that date. Expert legal advice should be sought in all cases where there is a doubt regarding the application of the statute of limitations.

Moloney & Company, Solicitors have acted on behalf of many patients who were injured as a result of Hospital Accident and Emergency negligence. Our specialist team of medical negligence Solicitors will fully investigate your treatment to determine whether you have a cause of action for compensation or not.

Download the following Instruction Sheet and return it us moloney-pdf MEDICAL NEGLIGENCE QUESTIONNAIRE

Fill in our online Medical Negligence Form and get an answer within 24 hours.


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