HIGGINS & ASSOCIATES SOLICITORS
(incorporating Higgins O'Reilly Solicitors)
When a medical diagnosis, a surgical procedure or a hospital treatment goes wrong in the Health Service or privately, and the mistake or accident was due to incompetence or lack of judgement by a doctor, surgeon or healthcare professional; you may be entitled to make a claim for Medical Negligence*.
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:
Areas of medical negligence* can include birth injuries to mother and baby, anaesthetic injury, orthopaedic surgery errors, misdiagnosis/delays in cancer cases, prescription errors, GP & HSE negligence, cosmetic surgery; hip & knee replacement surgical errors.
Road traffic accidents are among the most likely cause of personal injury*. If you have been injured as a result of a road traffic accident and that accident was caused by another person then the following checklist of what you should do may be of assistance;
If the road traffic accident in which you were involved was caused by an uninsured driver or was a hit and run accident you may still be able to make a personal injury claim to the Motor Insurers Bureau of Ireland.
Most personal injury claims must be issued at court within two years of the date of the accident, known as the limitation period.
Irish Health and Safety law states that ‘all workers are entitled to a safe place to work and a safe system of work’. this included provision of appropriate safety training and protective gear.
You should always report an accident at work to your employer where it can be recorded and you should then follow up immediately with a visit to your GP or Hospital if your injuries are more significant.
Many people suffer financially as a result of the accident with expensive medical bills and loss of earnings.
If you have experienced injury, loss or damage as a result of your use of a defective product then you may be entitled to take a claim against the manufacturer or supplier of the product under the Liability for Defective Products Act 1991.
Accidents can happen in public places anywhere: on footpaths, in a park, in shops or restaurants and the result can be public liability claims for slips, falls & trips on public property.
The majority of accidents in public places in Ireland are the result of:
If you have an accident in a public place you should try to do the following;
1. Report the accident immediately to the most senior person available.
2. Where possible take a photograph of the location and in particular of the item or area which caused the accident.
3. If there were any witnesses to the accident take details of their name and contact details.
4. Keep a record of any expenses associated with the accident and where possible keep a copy of any receipts
Dog and Animal attacks
This is quite a common occurrence and it is important to know that an injury caused is often covered under the dog owners House Insurance Policy.
*in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement