An A and E negligence claim* seeks compensation for the medical negligence you may experience while in the hospital emergency department. You go to the A&E for emergency medical treatment, not to suffer poor medical treatment from the medical staff on duty. 

Medical negligence is treatment by a medical professional below, which no other medical professional would provide in similar circumstances. If you suffer medical negligence while in the hospital emergency department, you may have an A and E negligence compensation claim*. 

A and E negligence could happen if you get a missed diagnosis of a broken wrist, a misdiagnosis of a stroke, suffer further injury, or if you are sent home without being referred for further tests. You claim* for the effects of the hospital negligence on your life today and in the future. 

PBN Litigation medical negligence solicitors in Dublin have the expertise and that vital experience in all types of medical negligence claims*.

PBN Litigation Solicitors will be with you throughout your A and E negligence claim* to get you the compensation you deserve.

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What is an A and E negligence claim*?

An A and E negligence claim* is for compensation for the effects of the medical negligence today and in the future. The A and E negligence claim* is for the personal injury due to poor medical care and its impact on your life. 

You may have an A and E medical negligence claim* if the doctor misses the signs of an infection, causing you to fall seriously ill. The Accident and Emergency team could fail to refer you to see a hospital consultant, causing a late diagnosis of a medical condition. It could be medical negligence in the A and E if the doctor misses the signs of your appendicitis, which bursts when you are back home. 

A recent survey shows that more than 14,000 people left Irish accident and emergency departments without receiving treatment. The average wait time for treatment in the A and E department is at 11.4 hours, which can only add stress to a difficult situation. 

Overcrowding, long waiting times and staff shortages can only lead to issues with poor medical care. A medical professional’s lack of duty of care can lead to medical negligence, and you could have an A&E negligence claim* if it happens to you. 

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

Start your medical negligence case today by contacting PBN solicitors.

PBN solicitors have that experience and understanding to be with you every step along the way of a medical negligence compensation claim*.

Common claims* for A and E negligence

Common claims* for A and E negligence range from the missed broken bone in the arm to the misdiagnosis of stroke to the failure to refer a patient for further tests. You could have an A and E negligence claim* if the medical professional gives you an incorrect medication or fails to inform you of what is happening. 

The A and E negligence of making a misdiagnosis, failing to treat a patient, or sending them home with the incorrect diagnosis can cause pain and discomfort and allow a condition to get worse. You may have a medical negligence claim* if A&E negligence happens to you. 

Some common A and E negligence claims*:

  • Medication errors in A and E negligence claims*
  • Testing errors in Accident and Emergency negligence claims*
  • Misdiagnosis errors in A&E negligence claims*
  • Failure to treat in A and E negligence claims*
  • Failure to refer in A and E negligence claims*

Medication errors in A and E negligence claims*

Medication errors in A and E negligence claims* are for those avoidable mistakes a medical professional may make when administering medications. 

The nurse, doctor or hospital consultant should only prescribe and give medications after reading and double-checking notes. 

Types of medication errors in A and E negligence:

  • Prescribing a medication that reacts with an existing medicine in patient notes
  • Prescribing medication which the patient is allergic to, according to their notes
  • Prescribing the wrong medication for the patient’s condition

If you or a loved one received the wrong type of medication while in the A and E, you could have a medical negligence compensation claim*.

Testing errors in Accident and Emergency negligence claims*

Testing errors in Accident and Emergency negligence claims* are when the doctor on duty fails to order tests or does not follow up on tests to diagnose your condition. 

Testing is an essential tool in A&E diagnosis, and any errors could cost valuable treatment time. 

Types of Accident and Emergency testing errors:

  • Failing to order X-rays, MRIs and other scans suitable for patient
  • Failing to order blood tests when a patient shows signs of infection
  • Not reading an X-ray or other test results correctly

You may have a hospital negligence claim* if the A&E doctor makes an error with your tests in the emergency department.

Misdiagnosis errors in A&E negligence claims*

Misdiagnosis errors in A&E negligence claims* are when the doctor or hospital consultant misses the signs of a medical condition or makes a late diagnosis of one. 

You rely on the hospital staff to treat you based on a correct diagnosis. You could be sent home with a misdiagnosis if there is medical negligence. 

Types of A&E misdiagnosis errors:

  • The orthopaedic consultant misses the broken bone on an X-ray
  • The A&E doctor does not see the signs of infection in the blood test results
  • The paramedic misses the FAST signs of a stroke

It could be A&E negligence if the medical professionals misdiagnose your condition when in the A and E department.

Failure to treat in A and E negligence claims*

A failure to treat in A and E negligence claims* are when the doctor on duty does not prescribe a course of treatment for your condition. The department may be busy, and there could be staff shortages, but the medical professional must treat you when you are admitted to A&E. 

Types of failure to treat errors:

  • Failing to prescribe an antibiotic when the patient shows signs of infection
  • Failing to send a patient for stitching when needed
  • Failing to admit a patient for observation

Any failure to treat could lead to a condition worsening and could be a medical negligence compensation claim*.

Failure to refer in A and E negligence claims*

A failure to refer a patient in A and E can lead to a misdiagnosis, a missed diagnosis or a late diagnosis of a medical condition. A patient could be sent home without seeing a consultant and could still be suffering from an undiagnosed condition. 

Types of failure to refer A and E negligence:

  • Failure to refer a patient for further tests
  • Failure to refer a patient for a consultant appointment
  • Failure to refer to a senior doctor attached to the A and E department

Without a diagnosis, a patient will not know what could be wrong with them. Only by referring a patient for further tests and to see another doctor can the A&E doctor give a correct diagnosis. 

A PBN Litigation solicitor can look at your medical notes and see if you have a valid accident and emergency claim* for compensation.

Compensation for an A and E negligence claim*

Compensation for an A and E negligence claim* in Ireland will differ depending on the injury or injuries you suffer due to the medical negligence. Any medical negligence, such as the missed diagnosis of stroke in the emergency department, can affect you today and in the future. 

There is not one fixed compensation award for a medical negligence claim*, and with an A&E claim*, you may seek compensation for the injury, discomfort, trauma, and other changes to your life after negligence by a medical professional. 

A medical negligence solicitor can only give you an idea of how much compensation is possible when you suffer negligence in the accident and emergency and what you can claim* for its effects on you. 

Every compensation claim* is different. You could become very ill after a missed infection causes it to spread or the signs of diabetes are missed in the A&E, and you can claim* for the care necessary for life and adaptions you may need to make to the home and your car. 

With accident and emergency claims*, you seek damages for the effect of the injury or injuries on you and your loved ones today and on your future lives. 

PBN Litigation Solicitors can explain how the process works and how your medical negligence claim* will combine the two types of damages.

Damages in an A and E Negligence claim*

Damages in an A and E negligence claim* are a combination of:

  • General Damages in an A and E Negligence Claim*
  • Special Damages in an A and E Negligence Claim*

The two types of damages consider the effects of a medical professional’s negligence during the diagnosis of your medical condition in the emergency department today and its impact on you in the future.

General Damages in an A and E Negligence Claim*

General Damages in an A and E negligence claim* are for compensation for the pain and suffering you experience due to the missed leg fracture or kidney infection or the misdiagnosis of a stroke due to the medical negligence. 

You can claim* general damages for the unnecessary pain and discomfort following errors in your diagnosis in the A and E department. A claim* may also be for the lack of care by the hospital consultant or other hospital doctors in the A and E, causing a physical injury when treating you. 

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 an A and E Negligence Claim*

Special Damages in an A and E negligence claim* are for the financial effects on your life due to the medical negligence. You claim* for the errors by the hospital, paramedic, A&E doctor, or hospital consultant when you cannot work and provide for the family when recovering from the medical negligence. 

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 for you and your dependents
  • 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 the effects of a misdiagnosis of a spinal injury or the late diagnosis of diabetes in the A and E. 

You may need to give up full-time employment or be unable to return to work at a position with a salary similar to the one you earned before the medical negligence. 

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 medical negligence claim* differs from another. 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 a stroke which is due to a late diagnosis. You may need to claim* for the misdiagnosis of the stroke leading to brain damage, mobility issues and disability. 

You may claim* for what is needed to maintain a similar quality of life as before the effects of the medical negligence on your life.  

Your PBN Litigation solicitor can guide you on what to expect in compensation and how to make your claim* for A and E medical negligence.

Who is eligible to claim* compensation for medical negligence in Ireland?

You or a loved one may be eligible to claim* medical negligence compensation in Ireland if you have suffered a personal injury due to a lack of duty of care in the A&E. 

A late diagnosis of a stroke may be too late to prevent brain damage; a misdiagnosis of sepsis could put your life in danger, and you can claim* compensation for your injuries or those suffered by a loved one. 

When you are the injured party due to the medical professional’s negligence in the A and E, then you can claim* for the effects of the injury on your life today and in the future. 

You can claim* compensation for medical negligence in your A&E care in a case of:

The compensation for the medical negligence will help you get your life back on track and cover the future care needs for the effects of poor treatment in the emergency department. 

Compensation can ensure you are not out of pocket due to medical negligence by the doctor, the HSE hospital, the paramedic, or the hospital consultant. 

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

Start your medical negligence case today by contacting PBN solicitors.

Who may be at fault for A and E negligence in the HSE?

The medical professional who made the errors when treating you in the A and E can be responsible for the negligence and the effects on your health today and in the future. 

You trust the HSE doctor or HSE hospital to have your medical well-being to the fore. You expect the paramedic to notice the signs of stroke when in an emergency or the orthopaedic consultant to see the broken bone on the X-ray. A doctor should notice the telltale signs of sepsis and not send you home with a misdiagnosis of the infection. 

Medical negligence is medical care below acceptable standards. Medical negligence in Ireland is medical care below that which any other hospital, GP or hospital consultant would provide.

The negligent party who could be at fault for a medical negligence claim* may be:

  • The paramedic who misses the early signs of a stroke
  • An obstetrician who fails to spot birth problems
  • The A&E doctor who fails to diagnose appendicitis
  • The oncologist who fails to spot a melanoma on testing
  • The A&E doctor who fails to refer you for further testing
  • The A&E radiologist who makes an X-ray error
  • The HSE hospital, which employs too few emergency department staff
  • The HSE hospital responsible for hiring A and E staff
  • The paramedic who makes the wrong diagnosis in an emergency
  • The HSE hospital responsible for A and E errors due to administrative errors

If you suffer medical negligence in an HSE hospital accident and emergency department, such as poor care in the diagnosis of a stroke or cardiac condition, you could have a hospital negligence compensation claim* against the HSE. 

If you suffer negligence in a private hospital or clinic, you may have a medical negligence case against the hospital authority. 

PBN Litigation Solicitors can handle your A and E medical negligence claim* against those responsible.

How to make a medical negligence claim* in Ireland

There are a few steps to follow when you make a medical negligence claim* in Ireland. Making any medical negligence claim* may seem daunting, especially if you are taking on the HSE or the hospital consultant you may know from being in their care throughout your life. 

You may be worried about engaging in legal proceedings against HSE, the well-known hospital consultant or the private medical provider, but with the help of a medical negligence solicitor, you can navigate your way through what could be a complex process.  

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

You should engage a medical negligence solicitor as soon as possible to further your claim* such as for brain damage after the late diagnosis of a stroke in the A and E. 

The team at PBN Litigation Solicitors can advise on your case 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 your injuries and any ongoing poor health issues due to any emergency department errors. 

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 and a report on what happened from the hospital management. 

PBN Litigation Solicitors may also seek a further independent medical opinion on the A and E negligence.

Submission of the medical 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 valid medical negligence claim*. 

When we have all the evidence needed, we will contact the HSE on your behalf and make the medical negligence claim*.

Dealing with the reply from the HSE is usually the next step in your medical 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 claim* for medical negligence. Your PBN Litigation medical negligence solicitor will continue with your case when court becomes the only option and advise you on how to approach it. 

We can issue the court proceedings and advise you along every step of a complex process for you and your dependents.  

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 to go to court. 

In some cases, a medical negligence claim* is settled on the steps of the court when the negligent party meets the person who suffered the injury due to the medical negligence in the A and E department.

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

You have two years to make a medical negligence claim* in Ireland. When you suffer a late diagnosis or a missed diagnosis of your illness or injury in the A & E department, you have two years to begin legal proceedings. 

If a child suffers A and E negligence in their medical condition diagnosis or treatment, the parents have until they turn 18 to make a medical negligence claim*. 

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

An A and E negligence issue may not come to light until you are diagnosed later by another doctor or medical professional. If this happens you or your loved one may have what is known as a date of knowledge clause in your case. You may make an A&E negligence claim* outside of the two-year limit only if the date of knowledge of injury allows it. 

The date of knowledge is when you became aware the injuries were due to medical negligence in the emergency department. In such cases, the two-year limit to claim* may begin on the day of the diagnosis of the cancer, diabetes, stroke, or nerve damage. 

In a medical 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*. 

In all cases of medical negligence, the sooner you begin the 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 the medical records can clearly show the medical negligence. 

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

The role of a solicitor in a medical negligence claim*

The role of the solicitor in a medical negligence claim* is to advise you on all aspects of the case. The experienced solicitor will represent you in dealing with the insurance company, the HSE or the other legal team involved in the medical negligence claim*. 

In a medical negligence claim*, the solicitor can:

  • Advise you on all aspects of the case
  • Advise you on time limits
  • Advise you on how to file a claim*
  • Take on all legal representation for you in the claim*
  • Avoid the case going to court
  • Represent you if the case goes to court
  • Advise if you have a valid medical negligence claim*
  • Advise you on the compensation you should expect and accept

PBN Litigation Solicitors can take on your medical negligence claim* for you. We have the expertise and the experience to guide you through a clinical negligence claim* and be with you along every step of the process.

Make a medical negligence claim* today

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

If you suffered A and E negligence, such as the missed signs of a stroke or a broken bone in the foot, then PBN Litigation Solicitors have the experience and expertise to manage your compensation claim*. 

You are the client, the ones 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 the effects of sepsis or planning for a future when your life could be so severely affected. 

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.