4 minute read
Medical negligence claims in Ireland are assessed based on various factors, including the severity of harm suffered, the impact on your life and the financial losses incurred.
If you or a loved one has experienced negligent medical treatment, understanding how solicitors and courts assess compensation can provide insight into how claims are valued.
The amount of compensation awarded in a medical negligence case depends on the specific circumstances of your claim. No two cases are the same, as the extent of the harm and its consequences vary significantly from person to person. However, compensation is generally broken down into two key categories – general damages and special damages.
A successful medical negligence claim will include compensation for the pain, suffering and loss of quality of life caused by the negligence.
The level of compensation is determined by factors such as:
Irish courts refer to the Personal Injuries Guidelines when determining compensation amounts. These guidelines set out ranges for various types of injuries.
However, it is important to remember that this is just a guide and may be deviated from in some circumstances.
There are lots of other factors that may come into play that might impact the level of compensation awarded. This depends on the unique set of circumstances of the client and how the injury was sustained. The maximum amount of general damages currently recoverable in Ireland for the most catastrophic types of injury is €550,000.
In addition to compensation for pain and suffering, a successful claim may also include special damages to cover any financial losses or expenses incurred as a result of the negligence.
These can include, for example:
The calculation of special damages is evidence-based, requiring detailed documentation of financial losses and expenses to date and into the future. In many cases, expert reports will be required to assess long-term care costs and loss of earnings.
You may have heard the word quantum used by legal professionals. It is derived from Latin and it translates to “how much” or “the amount“.
This article has already covered what quantum is in the context of compensation, but to summarise:
Quantum refers to the assessment of the value of a claim, based on the severity of injuries and financial losses and expenses sustained. The greater the harm and the need for special damages, the higher the potential compensation amount.
Medical negligence cases can be complex and require expert legal representation. A solicitor with experience in medical negligence claims can assess your case, gather the necessary evidence and guide you through the legal process to secure the best possible outcome.
A solicitor can help determine whether you have a valid case and what compensation you may be entitled to receive.
If you believe you have suffered harm due to medical negligence, it is important to seek legal advice as soon as possible, as strict time limits apply for bringing a claim.
Visit Medical Negligence Claims to learn more about our services or Contact Us to speak with a solicitor.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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