All too often clients involved in personal injury claims seek urgent legal assistance in relation to their claims. When I ask why they left it so late to come to a solicitor the answer is all too familiar – “they said I don’t need a solicitor”. Oftentimes clients feel that they are put under pressure to accept a fast settlement offer from an insurance company to avoid the “huge” legal fees if they involve the solicitors!
Solicitors, like myself, who specialise in personal injury are well placed to advise you if a settlement offer is fair and to let you know what options are available to you if it isn’t. Your solicitor represents your interests and will make every effort to get the best possible outcome for your case.
In Ireland the majority of claims must now be taken to the Injuries Board. The most common pitfalls encountered in this process are as follows:-
- Failing to submit the claim within the timeframe allowed
- Failing to submit sufficient detail on the claim form
- Sending in a report from a consultant or GP that is not up-to date or fails to address your injuries and how they affect you.
- Accepting the Injuries Board claim only to realise your injuries did not improve as had anticipated by your doctors report
- Submitting documentation that may be considered misleading resulting in your claim being dismissed and even criminal prosecution.
This is just a small number of common pitfalls. Sometimes it may not always be necessary to instruct a solicitor however more often than not it is in your best interests to proceed with an experienced solicitor.
If you have been involved in a car accident, accident at work or slipped, tripped and fell through no fault of your own, then please do not hesitate to contact me at laura@brophysolicitors.ie
On the 26th August 2010, DePuy Orthopaedics Inc, a subsidiary of Johnson & Johnson, announced that they intended to recall two hip replacement products, the Artificial Surface Replacement (ASR) Hip Resurfacing System and the (ASR) XL Acetabular System. The implants were found to be leaving metal debris and eroding tissue. The implants contained a metal-on-metal moving part, the abrasion of which may cause metallosis, a build-up of cobalt and chromium ions in the soft tissue of the body. As a result, higher than expected rates of patients with a DePuy ASR hip replacement expressed the need for revision surgery after as little as one year following use of DePuy’s products and in many others it produced crippling injuries. The HSE has confirmed that approximately 70,000 hip replacements have been carried out in Ireland since 2003, the year the DePuy ASR products first came on the market, and it is estimated that 5% of these patients are affected by the recall. Of the 93,000 patients worldwide who were fitted with the implants, it is estimated that 3,516 public and private patients in Ireland have received these implants since 2003.
I THINK I HAVE BEEN AFFECTED – WHAT SHOULD I DO?
At Brophy Solicitors our expert solicitors are strongly advising those affected by the recall or anyone with concerns to immediately contact their GP or orthopaedic surgeon to request an appointment for a medical review. You doctor will be able to discuss your concerns and arrange for a blood test to check for metal ions and/or an MRI scan. It is important that if you are experiencing pain or discomfort, whatever brand of hip replacement you have, that you contact your GP or specialist as early intervention can be key in preventing damage.
It is advised that patients do not release their medical records to DePuy nor do they authorise their hospital to return to DePuy the original ASR device if it has been removed without first seeking legal advice as to do so may jeopardise future legal proceedings.
TAKE LEGAL ADVICE WITHOUT DELAY
As with all litigation, there are strict time limits for bringing a personal injuries claim based on medical negligence and liability for defective products. We would strongly recommend persons affected by the DePuy hip replacement recall to seek legal advice without delay. Generally speaking, the sooner you seek advice the better.
If you have been injured due to Medical Negligence or Dental Negligence our experienced, committed and specialist Medical Negligence solicitors at Brophy Solicitors will work with you to establish if you have a case related the medical error or dental error. We have over 30 years cumulative experience in advising clients in matters relating to medical negligence.
Whatever your motivation, we have a clear understanding of your needs, and we are confident that our experienced and dedicated team of medical negligence lawyers will be able to offer you comfort and legal support through these often difficult times. We recognise that a medical accident has significant emotional and financial consequences for you and your family and we will do everything we can to make the process run as smoothly for you.
The following are amongst the areas of medical negligence and dental negligence that we advise upon:-
Medical Negligence Cerebral Palsy & Birth Injury Claims
Acquired Brain Injury Claims
Oncology & Cancer Claims
Gynaecological & Obstetric Injury Claims
GP Claims
Dental Injury Claims
Eye related claims
Hospital Acquired Infection claims - MRSA
Fatal Injuries
Inquests
Defective Medical Products
PIP Implants
DePuy Hip Replacements ASR
Cosmetic Surgery Claims
Psychiatric/psychological Injuries
General Medical Problems
PROVING MEDICAL/DENTAL NEGLIGENCE
Proving that a medical/dental practitioner has acted negligently in his or her treatment of a patient is a rather complex task and it should be noted that the law only offers the opportunity for a victim to recover compensation if it can be demonstrated “on the balance of probabilities” that the treatment received was carried out in a negligent fashion by the healthcare professionals involved and that this directly caused or contributed to your injury.
What exactly constitutes medical negligence is now always clear. However, there are a number of circumstances in which it can be clearly argued that a medical professional has breached his or her duty of care. These include:-
Erroneously or belatedly diagnosing illness or injury
Failure to take action following test results
Mistake in performance of an operation or procedure
Error in administration of medication
Sub-standard follow up care
Failure to advise a patient of the risks associated with procedures prior to their administration. I order to prove that a doctor/dentist is negligent, it is necessary to establish that no reasonably competent practitioner in the relevant field, at the relevant time, with the same qualifications and expertise, faced with the same circumstances, would have acted in the same way. Therefore, even where the treatment administered has caused or contributed to the injury, same may not be deemed negligent if it can be demonstrated that it was the “reasonable” action of a competent medical/dental professional given the circumstances.
WHAT ACTION CAN I TAKE IF I SUSPECT I HAVE BEEN INJURED BY NEGLIGENT TREATMENT
The very least you can expect is a full explanation as to how the injury occurred and an apology where appropriate, and an assurance that all steps will be taken to investigate your complaint. It may also be entitled to compensation by taking legal action.
As stated above, in order for you to be successful in your legal claim, there are two strands of the case that need to be proven on the balance of probabilities:-
Negligence – that the care you received fell below medically acceptable standards; and
Causation - that the breach of duty or negligence of the clinician/medical attendant directly resulted in an injury to you.
As part of the initial investigation, we will require a supportive opinion from a suitably qualified independent medical expert. They will base their opinion on
Your medical records
Your account of what happened to you
Any other documents supporting your case.
Without a supportive report from an independent expert, your case will not succeed.
Because of the complicated nature of these claims, it may take some months to obtain an expert report and these can usually only be obtained after we have obtained your medical records. Claims are not required to be submitted to the Injuries Board (formerly known as the Personal Injuries Assessment Board).
STATUTE OF LIMITATIONS/TIME LIMITS IN MEDICAL NEGLIGENCE
Normally the date of knowledge will be the date on which the injury was sustained. It is therefore essential that an injured party seeks legal advice as soon as possible following an incident or medical malpractice. The reality is that, except for a small number of specific exceptions, the opportunity to make a claim for compensation will be lost exactly two years after the date of knowledge. Exceptions do, however, exist particularly with respect to cases of medical malpractice such as an illness that went unchecked due to misdiagnosis because the date of knowledge may at times be difficult to clarify. In such circumstances, you should always seek legal advice at the first opportunity, even if it seems that it is too late as an exception may apply.
INJURIES TO INFANTS & MINORS
In the case of medical negligence/malpractice involving a child, it is important to note that the date of knowledge of the injury is actually the victim’s eighteenth birthday. i.e. time does not begin to run against the injured party until he or she attains the age of majority (eighteen years of age). Thereafter, under current law, the injured party has a period of two years within which to issue proceedings in court. A child victim can however pursue a medical negligence compensation claim before his or her eighteenth birthday provided a parent or guardian acts as his or her “next friend”.
It is a surgical procedure in which the cartilage of the pubic symphysis is divided to widen the pelvis during the course of childbirth so as to allow for easier delivery of the baby.
Why is it in the news recently?
It is estimated that at least 1500 Irish women unknowingly and without their consent had this operation performed on them during childbirth between 1944 and 1992. The effects of the operation have left many women with lifelong incontinence, depression, back pain and impaired mobility. The government has recently lifted the Statute of Limitations so as to allow women who have suffered due to the above procedure being perfomed on them to avail of compensation through the redress board.
What should you do if you think you have been affected?
You should immediately contact your GP. You should also contact the hospital where you had your baby and request a copy of your medical records.
Can you make a claim?
Please contact our office on 01-6797930. We will offer you a free consultation with our expert female solicitor, Elaine Hickey who has considerable experience in dealing with negligent birth claims. If you would like to email Elaine then please do so at elaine@brophysolicitors.ie.
It is important when considering buying a home that you ensure you have sufficient funds. Oftentimes a client will only look at the purchase price of the property and arrange their finances around that. However, it is important that you have enough money to cover the ancillary costs involved e.g. Stamp Duty, Legal Fees, Registration Fees & Engineers Survey (if necessary)
Mortgages
I used to always advise clients to shop around when deciding which bank they should consider getting a mortgage from. However, times have changed and it is not as simple as it used to be to get a mortgage. Having said that, it is still important to speak to several banks and find out what interest rates are on offer.
Loan Offer
Before handing over the booking deposit on a house, it is important that once you receive your letter of loan offer from the bank that you are in a position to comply with any special conditions.
Find your home
Remember, you are in the negotiating seat when it comes to buying a home and a pre-approved loan makes you in a very attractive bargaining position. If you are buying a second hand house then its important that you find out if it is still covered by HomeBond Insurance. Most houses under 10 years are covered by Homebond Insurance, which means you are covered for any major structural defects for the first 10 years. If the house is older than 10 years, then it is important that you get an independent engineer to survey the house.
Contents
Ask the Auctioneer to list the contents to be included in the purchase price.
Planning Permission
It is always advisable to contact the Local Authority in relation to planning permission. Is the area designed for future road widening, developments etc? Are the roads and services surrounding the property being looked after by the council? If not, why not?
Find a solicitor
Well that is the simple – just send an email to laura@brophysolicitors.ie or telephone the office on 01 6797930 and I will do the rest!
