If you receive care from a medical doctor, a dentist, a physiotherapist or any other health care professional, you are entitled to receive a reasonable level of care.
In the vast majority of cases, ill health will be the reason as to why medical intervention was sought in the first place. In some instances, the medical procedure may be unnecessary, for example in the case of an elective cosmetic procedure.
It has to be noted that the best medical intervention can not cure all ill health, and many medical processes have risks associated with them. When complications occur, it is not always the fault of the medical practitioners.
Therefore, at the very outset in every case, it is necessary to ascertain whether the treatment received was reasonable treatment, or substandard treatment. It is necessary to have a litigation expert witness who is qualified and respected in the field examine the medical treatment administered, and provide their opinion that any form of treatment was reasonable or below the minimum standard to be expected of a competent medical practitioner.
The reality is that these cases are quite difficult. Where the medical professional managing your care and treatment has done something that is obviously wrong, such as misdiagnosing a condition, and then applying the wrong treatment based on the misdiagnosis, such cases will more likely succeed. However, where a medical professional correctly diagnoses a medical condition, and then applies one of many accepted forms of treatment commonly available, then the case will be far more difficult.
If the medical expert opinion supports the assertion of negligent or substandard treatment, then the case can proceed to court. Otherwise, such a plaintiff is not entitled to serve personal injuries proceedings under Irish law.
If you would like to discuss a potential medical malpractice case with our office, please get in contact with us.