Accident and Emergency (A&E) departments provide urgent medical care to patients who are seriously ill or injured. While emergency departments operate in challenging and often pressurised circumstances, patients are still entitled to receive an appropriate standard of medical care. Where negligent treatment in an A&E department causes injury or results in an existing condition becoming significantly worse, an Accident and Emergency claim in Ireland may be possible.
Kerrigan Solicitors advises clients in relation to A&E medical negligence claims throughout Ireland, including cases involving delayed diagnosis, misdiagnosis and delays in treatment.
What is an A&E negligence claim?
An Accident and Emergency negligence claim arises where the treatment provided to a patient falls below the appropriate standard of care and causes injury or avoidable deterioration in their condition. A poor outcome following emergency treatment does not, by itself, establish medical negligence. It is generally necessary to demonstrate that the care provided was negligent and that this negligence caused or contributed to the harm suffered. Independent medical evidence can be an important part of assessing such a claim.
Examples of Accident and Emergency negligence
There are many different circumstances in which A&E medical negligence may potentially occur. Examples can include:
- Failure to properly assess a patient’s symptoms
- Misdiagnosis or delayed diagnosis
- Failure to identify a serious illness or injury
- Failure to arrange appropriate scans or diagnostic tests
- Delays in treatment or referral to a specialist
- Medication errors
- Failure to recognise a deterioration in a patient’s condition
- Premature or inappropriate discharge from hospital
- Failure to provide appropriate follow-up care
For example, if a patient attends an emergency department with symptoms of a serious condition and that condition is not identified, resulting in avoidable injury or deterioration, the circumstances may warrant investigation as a potential hospital negligence claim.
Can I make a claim for A&E negligence in Ireland?
Whether you have grounds for an A&E compensation claim will depend on the individual circumstances of your case. A solicitor will typically need to establish what happened, what treatment was provided and whether the standard of care fell below what could reasonably have been expected.
Medical records are particularly important. These may include emergency department notes, test results, scans, prescriptions, discharge documentation and subsequent medical records. Independent medical experts will then be asked to assess whether there was a breach of the appropriate standard of care and whether that breach caused the injury or deterioration complained of.
Time limits for medical negligence claims
There are strict time limits for bringing medical negligence claims in Ireland. The applicable limitation period can depend on the circumstances of the case, including when the injury or relevant facts became known. The current statutory framework provides a two-year limitation period for personal injury actions arising from negligence, subject to specific provisions and exceptions.
There have also been legislative developments concerning clinical negligence limitation periods, so it is important to obtain specific legal advice rather than assume a particular deadline applies to your circumstances.
How can Kerrigan Solicitors help?
An Accident and Emergency medical negligence claim can be complex and emotionally difficult, particularly when you or a family member has already experienced serious illness or injury.
Kerrigan Solicitors can review the circumstances of your treatment, advise you on whether you may have grounds for a medical negligence claim, and assist with obtaining relevant medical records and independent medical evidence.
If you believe that you or a loved one suffered injury or an avoidable deterioration following treatment in an Accident and Emergency department, contact Kerrigan Solicitors for confidential legal advice about your potential A&E negligence claim in Ireland. We meet with clients throughout Ireland, including in counties such as Galway, Westmeath, Dublin, Kildare, Meath, Clare and Limerick.
Contact Kerrigan Solicitors
If you have concerns about medical treatment received in an Accident and Emergency department, our experienced medical negligence solicitor can advise you on your circumstances and explain your legal options.
Telephone: 091 820630
Website: kerrigansolicitors.ie
Email: m.kerrigan@kerrigansolicitors.ie
This article is for general information only and does not constitute legal advice. Every medical negligence claim is assessed on its individual facts and circumstances. Strict time limits can apply.