2 minute read
When Andrzej was a minor, he attended his local A&E suffering from a sudden onset of testicular pain. He was considered to be suffering from an infection and discharged with antibiotics. In fact, he had experienced a testicular torsion (or twist) of 180 degrees, which is a medical emergency requiring immediate intervention to save the testicle.
His symptoms did not abate and he returned to A&E after one week, by which time the testicle had atrophied and had to be removed.
Now a young adult, Andrzej approached us with a view to seek compensation for clinical negligence. He had an initial consultation with Eoin Collins who was instructed on the matter.
The time limits and exceptions are outlined in the Statute of Limitations Act 1957 and the Statute of Limitations (Amendment) Act 1991. You have a two-year window from the date of the medical negligence to begin legal proceedings.
However, if you were a minor at the time of the medical negligence, the time limit begins on the 18th birthday.
If you would like to know more about the statute of limitations in Ireland, read: How long do I have to make a medical negligence claim in Ireland?
Eoin instructed experts on issues of both negligence and causation, with causation being particularly difficult, and received a report confirming both that it was negligent not to rule out testicular torsion on his first attendance, and that the delay was causative.
We issued and served proceedings on behalf of Andrzej, however, an early offer of a settlement meeting was forthcoming and the matter settled without admission of liability but for the full value of the case.
Andrzej was delighted with the outcome of the case given how quickly the matter settled and that the compensation figure was approximately double what The Judicial Council Personal Injuries Guidelines suggests for the injury type sustained.
If you have suffered due to clinical negligence of any kind, you could be entitled to compensation. You can learn more about our expert services at Medical Negligence Claims or Contact Us to speak with an expert.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
The name referenced throughout this case study is a pseudonym that has been put in place to protect the client’s privacy.
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