A hospital negligence claim* seeks compensation for an injury due to medical negligence while you are in hospital. If you are injured due to the medical negligence of a hospital doctor, consultant, nurse, or other medical professional, you could have a hospital negligence claim* for compensation.

Hospital negligence claims arise from an injury due to wrong-site surgery, an error due to a failure to take your medical history or when a surgeon nicks your bowel during a routine operation. Medical negligence is when a medical professional does not provide you with treatment at an acceptable standard. It is medical treatment that no other medical professional would provide in similar circumstances.

You may have a compensation claim* against the HSE or private hospital if you suffer hospital negligence. The compensation claim* will be for the effects of the hospital negligence on your life today and in the future.

When making any personal injury claim*, you will need someone to guide you through the process, with the experience to advise you along every step of what can be a complex legal exercise.

PBN Solicitors in Dublin have the expertise and that vital experience in medical negligence cases. We will be with you throughout the process to get you the compensation you deserve.

What is hospital negligence?

Hospital negligence is when you experience poor medical care in a hospital setting. The hospital negligence is medical care of such a poor standard that no other medical practitioner would give the same care in similar circumstances. 

You may suffer hospital negligence in a Health Service Executive, HSE, hospital or in a private medical care facility. Medical negligence is an injury caused by a medical professional when providing you with medical care. 

When the medical negligence happens in a hospital, you may have a hospital negligence claim* against the HSE or private medical care clinic. 

Medical negligence in a hospital could be:

  • Misdiagnosis of an injury in the A&E
  • Missed diagnosis of cancer by a hospital consultant
  • Failure to take an accurate medical history when admitted
  • Errors during surgery
  • Prescribing an incorrect medication
  • Birth injury errors
  • Errors when taking an X-ray or MRI
  • Poor standards of hygiene leading to the spread of infection

The hospital management must ensure that the hospital is always run at an acceptable level of care. HSE cutbacks, low staffing levels and busy doctors can lead to medical negligence, but you should not have to suffer for life as a result. 

Hospital negligence is below acceptable medical care in a hospital setting. If you suffer an injury due to hospital negligence, you could have a medical negligence claim* for compensation. 

PBN Litigation Solicitors can look at your case and see if you have a valid medical negligence claim* for compensation.

Start your medical negligence case today by contacting PBN solicitors.

Common claims* for hospital negligence

Common claims* for hospital negligence in Ireland range from failing to refer you for further tests to a missed diagnosis of a broken bone to errors in reading an X-ray or MRI scan. 

Any hospital negligence can lead to a condition getting worse, delays in beginning the correct treatment or health issues leading from a misdiagnosis or incorrect treatment plan. 

Types of common claims* for hospital negligence in Ireland:

  • Surgeon nicks a nerve during routine surgery claim
  • Misdiagnosis of diabetes by a hospital consultant claim
  • Missed diagnosis of cancer by a hospital consultant claim
  • Hospital doctor misses a broken bone on an X-ray claim
  • Wrong-site surgery by a hospital surgeon claim

Surgeon nicks a nerve during routine surgery

When a surgeon nicks a nerve during routine surgery, they could cause lasting damage, unnecessary pain and discomfort and cause an injury that could affect the patient for life. 

If you had surgery for a hip replacement and the surgeon nicked a nearby nerve, you may need a long period of rehabilitation, and a course of physiotherapy, and you could be in a lot of pain by having unnecessary medical treatment. 

A surgeon must approach every operation with due care and attention. If they breach that duty of care due to carelessness, exhaustion, or inexperience, you could have a medical negligence compensation claim*.

Misdiagnosis of diabetes by a hospital consultant

A misdiagnosis of diabetes by a hospital consultant could put your life in danger, place you on the wrong treatment path and cause you many months of unnecessary pain while on the wrong medication.

To misdiagnose diabetes as a digestion issue or another condition and not start you on a course of insulin could be life-threatening. 

The hospital consultant must give you full professional medical treatment when in their care. They should analyse your test results, order further tests if necessary and compare their observations with your medical records. 

You could have a medical negligence claim* for compensation if you suffer due to a lack of medical care by a hospital consultant.

Missed diagnosis of cancer by a hospital consultant

A missed diagnosis of cancer by a hospital consultant is a major fear for many people, and the effects of a missed cancer diagnosis may be life-changing for a patient. 

You trust a hospital consultant to use their knowledge and medical experience to make a correct diagnosis of your cancer. For them to miss the diagnosis of cancer due to a lack of professional treatment is medical negligence by the consultant. 

A missed cancer diagnosis can put you on the incorrect treatment path, delay the beginning of your cancer treatment and have you on a course of medication unsuitable for your condition. 

The earlier you get a cancer diagnosis, the better it will be for your treatment. To have a missed diagnosis of cancer could be hospital negligence, and you may have a medical negligence compensation claim*.

Hospital doctor misses a broken bone on an X-ray

If a hospital doctor misses a broken bone on an X-ray, you could be sent home with a broken leg that is only going to get worse until you get the correct diagnosis. Often, the only solution is surgery to set the broken bone, which was missed on the original X-ray. 

The hospital doctor, be it an orthopaedic consultant or an A&E doctor, should order the X-ray and read it with due care and attention. To miss a broken bone should not happen; being tired or too busy is not a reason for negligent treatment by healthcare professionals. 

If you suffer due to a doctor missing a broken bone on an X-ray, you may have a hospital negligence compensation claim*.

Wrong-site surgery by a hospital surgeon

Wrong-site surgery by a hospital surgeon can happen if they operate on the left instead of the right lung or begin to replace the right knee when the left one is due for surgery.

Wrong-site surgery can happen if the surgeon and the surgical team do not read a patient’s notes correctly. It can also happen if the wrong patient is sent for surgery or if there is a mix-up in patient notes and the wrong set of notes is given to the surgeon. 

The wrong-site surgery can have lasting effects on a patient. It could give them a lifetime fear of surgery and cause a lot of unnecessary pain and discomfort. It will also increase their time in hospital and cause delays to the genuine surgery. 

If you suffer the hospital negligence of wrong-site surgery, you may have a medical negligence claim* for compensation. 

PBN Litigation Solicitors have the experience to handle your medical negligence claim* and get you the compensation you deserve for the suffering.

Compensation for hospital negligence

Compensation for hospital negligence in Ireland can range from the low €10,000s for a missed broken bone in the hand to awards of more than £10 million for birth defect injuries for which your child may need full-time personal care for life and have adaptions made to the home.  

There is not one fixed compensation award for medical negligence claims*, and your solicitor can only give you an idea of what is possible when you suffer an injury in an HSE hospital or private clinic. 

Every compensation claim* is different. You may suffer a missed diagnosis of a cardiac condition which gets worse, affecting your ability to drive, getting to work or provide for the family. 

With your hospital negligence claim*, you seek damages for the effect of the injury due to medical negligence on you today and your future life. 

PBN Litigation Solicitors can explain how the process works and how your hospital negligence claim* will be a combination of two types of damages.

What are damages in a hospital negligence claim*?

Damages in a hospital negligence compensation claim* are a combination of:

  • General Damages in a Hospital Negligence Claim*
  • Special Damages in a Hospital Negligence Claim*

The two types of damages take into consideration the effects of the hospital negligence on your life today and its impact on the future.

General Damages in a Hospital Negligence Claim*

General Damages in a hospital negligence claim* are for compensation for the pain and suffering you experience due to an injury such as a surgical error or the missed diagnosis of a broken bone after a fall at home. 

For example, you may be able to claim General Damages for the pain from the suffering due to the cancer misdiagnosis or the unnecessary surgery you experienced in a wrong-site surgery case. 

General Damages may be claimed in any medical negligence case where the injuries cause pain and inconvenience and affect your ability to exercise, drive, play sports and other activities.

Special Damages in a Hospital Negligence Claim*

Special Damages in a hospital negligence claim* are for the financial effects on your life due to the medical negligence by a medical professional, such as when you are unable to work when seriously ill due to a late or missed cancer diagnosis. 

You could be off work for a time or be unable to return to similar work with the same salary. 

With Special Damages you claim for: 

  • The loss of earnings
  • Care costs today and in the future
  • Out-of-pocket expenses such as travel, medical appointments, further treatment

Special Damages are for the financial effects of a loss of income when recovering from medical negligence or if you can only take lesser-paid employment in the future.  

You claim Special Damages to offset the financial costs of the medical negligence so you will not be out of pocket due to the actions of others.  

Each person in a hospital negligence claim* is different from another one. The financial effects may be heavier on you than on someone in a similar situation. If you have children, you may need to claim for their care while you recover from the effects of hospital negligence. 

You may claim for what is needed to maintain a similar quality of life as before the illness due to hospital negligence.  

Your PBN Litigation solicitor can guide you on what to expect in compensation and how to make your claim for injury in a hospital negligence claim*.

Start your medical negligence case today by contacting PBN solicitors.

Who is eligible for compensation in a hospital negligence claim* in Ireland?

You may be eligible for compensation for a hospital negligence injury in Ireland that was not your fault or only partially your fault. 

You are the injured party, and if the medical professional’s negligence could be the cause of your injury, you can claim for the effects of the injury on your life today and in the future. 

The compensation for hospital negligence will help you get your life back on track and ensure you are not out of pocket due to the medical negligence. 

PBN Litigation Solicitors can make your claim when you may be eligible for hospital negligence compensation.

Can I claim on behalf of a loved one for hospital negligence?

Yes, you may claim on behalf of a loved one for hospital negligence. The financial dependents of a loved one who suffered due to hospital negligence can make a claim for compensation in the case of their death or mental or physical incapacity to make the claim*.  

If your spouse or adult dependent suffers due to hospital negligence, such as the misdiagnosis of a stroke or a cardiac event, you may be able to claim on their behalf for the cost of personal care for life, adaptations to the home and any ongoing medical treatments and therapy.  

PBN Litigation Solicitors can help with your claim from day one. We can advise you who is eligible for compensation and be with you when making the hospital negligence compensation claim*.

Who can be at fault for a hospital negligence claim*?

The medical professional who made the error in your medical treatment is at fault for the hospital negligence. You trust a hospital doctor to give you medical care at an acceptable standard, and if they do not, it could be medical negligence. 

Medical negligence is medical care below acceptable standards. Hospital negligence cases in Ireland come from medical care below that which other medical professionals would provide. You may have a hospital negligence claim* if you suffer due to medical negligence when in hospital. 

The medical professional at fault for your substandard medical care could be:

  • The HSE ambulance paramedic
  • The doctor on duty in the A&E
  • A hospital consultant who gives you a cancer misdiagnosis
  • The hospital doctor who fails to order an X-ray
  • The ward nurse who gives you the wrong medication
  • The obstetrician who makes an error during the birth of your child
  • The HSE hospital which operates with too few staff
  • The HSE hospital responsible for hiring staff
  • The surgeon who makes an error with your surgery
  • The doctor responsible for the late diagnosis
  • The HSE hospital responsible for hygiene standards

If you suffer medical negligence while in hospital, such as poor surgical care, you may have a hospital negligence compensation claim*.

How to make a hospital negligence claim* against the HSE

There are a few steps to follow when you make a hospital negligence claim* in Ireland. Making any medical negligence claim* may seem daunting, especially if you have a serious condition due to substandard care and are focusing on recovery. 

You may be worried about taking on the HSE, the well-known hospital consultant or the private medical provider, but with the help of expert advice from your medical negligence solicitors, you can navigate your way through what could be a complex process.  

The steps to follow when making a hospital negligence claim* in Ireland are:  

You should engage a medical negligence solicitor as soon as possible to further your hospital negligence claim*. The team at PBN Litigation Solicitors can advise on your case, what you need to prove negligence and how it could proceed. 

With our no-obligation consultation, we can meet with you in confidence and advise you on the strengths of your case. 

To investigate your case, we will request an initial medical report from your doctor to outline the injuries due to the hospital negligence and any ongoing poor health issues. With your permission we will seek to obtain medical records from the HSE regarding your treatment.

Updated reports with a final prognosis from your doctors will be taken up before your case is settled.  

We will help investigate your case by requesting all the medical notes and files, a report on what happened from the hospital management and seeking further opinion from an independent medical expert.

Submission of the hospital negligence claim* to the HSE is the next step in the process. 

PBN Litigation Solicitors will compile all your medical evidence from the hospital and independent medical experts and see how it makes for a medical negligence claim*. 

When we have all the evidence needed, we will begin legal proceedings by contacting the HSE on your behalf to make the hospital negligence claim*.

Dealing with the reply from the HSE is usually the next step in your hospital negligence case. 

The HSE will reply by letter either admitting the medical negligence, denying the medical negligence, or possibly admitting to some part but not all of it. 

Unfortunately, you may need to go to court if the HSE denies all responsibility for the medical negligence or cannot agree on an acceptable level of compensation for your injury.

Going to court may be the final step in resolving your medical negligence case. Your medical negligence solicitor will continue with your case when court becomes the only option and advise you on how to approach it. 

Your solicitor will issue the court proceedings and advise you along every step of what can be a difficult process for you and the family.  

Court proceedings can be protracted, and you will need experience and expertise on your side when in the courtroom. 

PBN Litigation Solicitors can provide that much-needed experience if the time comes for going to court. 

In some cases, a claim is settled on the steps of the court when the negligent party meets the person who suffered the injury due to hospital negligence.

How long do I have to make a medical negligence claim*?

You have two years to make a claim* for medical negligence in Ireland. If you are outside the time limit, you are very unlikely to be able to make a claim. 

In a hospital negligence claim* in Ireland, you must have all the paperwork in place and filed within the time limit. Your PBN Litigation Solicitor can help with the claim process and give you a checklist for what is needed to file the compensation claim*. 

When your child suffers from hospital negligence, such as a birth defect due to medical negligence, the parent has until they turn 18 to make a hospital negligence claim*. 

Once a child turns 18, they then have two years to make a hospital negligence claim*, proving their parents did not make one on their behalf previously. 

You may make a claim outside of the two-year limit only if the date of knowledge of injury allows it. The date of knowledge is the date you became aware the injury was due to negligence in hospital. 

If another medical professional later diagnoses the previously missed cancer, they might be able to show how the cancer diagnosis was missed more than two years back. In such cases, your two-year limit to claim may begin on the day of the correct diagnosis. 

In all cases of medical negligence, the sooner you begin the hospital negligence claim* process, the better it will be for the case. It is preferable to write down what happened while it is fresh in your memory and while medical evidence can clearly show the negligence during treatment. 

PBN Litigation Solicitors can look at the details of your claim and get started on a valid claim* within the time limits.

Can I make a claim against a private hospital or clinic?

Yes, you may make a claim against the private hospital or medical clinic as you would against the HSE. Medical negligence is medical negligence, and it does not matter if it happens in a public or private hospital, you may still claim* compensation. 

An error by a medical professional is medical negligence. You can have the same types of medical negligence in a private hospital as you would in a public one. Just because you are paying for the medical care does not mean medical negligence will not happen. 

A private hospital will have a legal team who will engage with you when you make a complaint of medical negligence. 

PBN Litigation Solicitors have the experience of dealing with legal teams and will guide you through your hospital negligence claim* against the private hospital or clinic.

Fatal hospital negligence

Fatal hospital negligence is when a patient dies due to medical negligence by hospital staff. Unfortunately, the death of a patient due to hospital negligence happens, and those left behind may make a fatal hospital negligence claim*. 

It could be that surgical negligence causes internal bleeding that goes unnoticed, or a failure to diagnose Sepsis or a heart attack in time causes the death of a patient. A missed diagnosis of cancer may make the condition difficult to treat, and an error during childbirth can cause the death of the newborn or the mother. 

The financial dependents of the deceased may be able to make the claim* for fatal hospital negligence. If the husband, wife, or children of the deceased rely on them for financial security, they may be able to make the fatal hospital negligence claim* for compensation. 

The dependents may be compensated for the loss of income today and in the future due to the fatal hospital negligence. Depending on the circumstances, the dependents may have a substantial claim* when they lose a family member due to fatal hospital negligence. 

PBN Litigation Solicitors can help with your fatal hospital negligence claim* in what can be very upsetting times for those left behind after the death of a loved one.

Make a claim* for hospital negligence today

Make a claim* for hospital negligence today by contacting PBN Litigation Solicitors. 

If you have suffered an injury while in hospital due to medical negligence by a healthcare professional, then PBN Litigation Solicitors have the experience and expertise to manage your compensation claim*.  

You, the client, are the one injured and in recovery. The last thing you should have to worry about is dealing with the HSE, the private hospital or the courts when recovering from your illness or injury due to hospital negligence. 

PBN Litigation Solicitors can take on your case and work with you to get the compensation you deserve.

We pride ourselves in taking the stress out of medical negligence litigation by providing a service dedicated to the client.  

Contact PBN Litigation Solicitors today for all your medical negligence needs.