Farm Legal Advice: Can I bring a medical negligence claim?
Medical negligence is where an act or omission of a healthcare professional falls below an acceptable standard of care. Picture: iStock
I am a farmer that is in charge of a busy dairy farm and I also am a machinery contractor. I was involved in an accident 15 months ago on the farm when I fell off a tractor and injured my foot.
My foot was swollen and bruised, and I attended the hospital the following day. I was not initially told my foot was fractured, so I continued to walk on it for the next couple of weeks. The pain continued to worsen, so I attended an orthopaedic surgeon at a fracture clinic. The surgeon diagnosed the fracture. As a result of the delayed diagnosis, my doctor has informed me that there may be long-term problems with my foot which may affect my ability to work.
What are my legal options here?
I am sorry to hear of your injury.
You may be able to bring a claim against the hospital or the appropriate health authority for medical negligence. Medical negligence is where an act or omission of a healthcare professional falls below an acceptable standard of care, which directly causes an injury or disease or allows the health of a person to deteriorate as a result. To prove medical negligence, it must be shown the decisions made by the medical practitioner who treated the patient were not reflective of generally accepted practice.
In order to bring a medical negligence claim, you will have to engage a solicitor and there are a number of initial steps they normally take. One of these steps is to obtain an expert report from a medical practitioner, commenting on liability. The practitioner will need to comment, in particular, as to whether the hospital or doctor or clinic staff have met the appropriate standard of care. Typically, this is based on a review of your medical records. Your solicitor will have to obtain your medical records and you will have to sign authorities in respect of this.
If the report from the expert is supportive that the hospital did not provide the appropriate standard of care, you may then have a basis for bringing a medical negligence claim. It is worth noting that when instructing an expert to comment on liability, your solicitor will most likely have to instruct an expert outside of Ireland to carry out the report.
If the report commenting on liability is supportive of bringing a claim, you would also then need to obtain a report in respect of quantum, specifically in respect of your injuries. This will set out the extent of your injuries that arose from the breach or negligence.
An initiating letter would have to be sent to the appropriate hospital or health authority and court proceedings would then potentially be brought.
Medical negligence claims can be complicated and it is advisable that you instruct a solicitor immediately and your solicitor may also need to engage the services of a barrister.
You must also be aware that there is a statute of limitations in respect of medical negligence claims, which is two years from the date the injury was sustained or the date of knowledge of the injury. This means you must bring your claim within this time frame or else you will lose your right to claim. Therefore, it is important to engage a solicitor as soon as possible if you intend on making a claim.
Stephen Coppinger, is a solicitor practising in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.
Email: info@walshandpartners.ie
While every care is taken to ensure accuracy of information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.
