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Employee Rights w/ Solicitor Ali Awais (Medical Negligence, Personal Injury & Citizenship Scorecard)

In Ireland, a medical negligence claim may be brought if you have sustained an injury as a direct consequence of medical maltreatment or a lack of care.

This is also known as a 'medical accident,' 'adverse incidence,' or 'patient safety incident.' What is critical to understand, and what is sometimes misinterpreted by the general public, is that this does not always imply that the treatment was 'careless.' While improved care or safety precautions may have avoided your injuries, it is possible that the situation was entirely unavoidable. 

In order to pursue a personal injury claim, the harm must have been caused by the carelessness of someone who owed you a duty of care at the time and under the circumstances of the accident. It is self-evident that a medical professional has a responsibility of care to his patient.

Providing Evidence for Medical Negligence Claims:

While it is difficult to define what constitutes medical negligence and therefore allows for the pursuit of a medical negligence claim, there are a number of instances in which medical personnel have plainly broken their duty of care. These include the following:

  • Diagnostic error or delay in sickness or injury diagnosis.

  • Inaction in response to test findings.

  • An error that occurs during the execution of a method or operation.

  • Errors in the administration of therapy or the administration of medications.

  • Inadequate post-operative care.

  • Failure to thoroughly convey to the patient the dangers connected with procedures prior to their administration.

It is critical to keep in mind that a court will assess whether a competent professional would have done something similar to the defendant doctor.

The first consideration to make when pursuing any personal injury claim, whether for medical negligence or otherwise, is that it is, in fact, a personal injury claim.

Frequently, the date of knowledge will coincide with the date of the injury. It is critical that an injured person contact an attorney as soon as possible after an accident.

In the instance of a minor, it is critical to remember that the date of awareness of the damage is really the minor victim's eighteenth birthday, implying that time does not begin to run against the wounded newborn until he or she attains majority (eighteen years of age).

It is very feasible that negligent treatment will be delivered after an injured party has been harmed in an accident caused by another party's negligence (for example, a road traffic accident or an accident at work).

How will the Medical Negligence Claim's Value Be Determined?

  • Claims for Liability and Medical Negligence;

  • Suffering From Trauma;

  • Special Medical Damages;

  • The Nature of the Injury;

  • Prognosis;

  • Medical Background;

  • Reduced Quality of Life;

  • The Severity and Persistence of Suffering Pain;

  • Earnings Decrease.

The Personal Injuries Assessment Board (PIAB) is a statutory independent authority that adjudicates personal injury claims. In Ireland, all personal injury claims (excluding those involving medical negligence) must be presented to the PIAB.

PIAB conducts impartial evaluations of personal injury claims arising from motor vehicle, workplace, or public responsibility incidents. If the person you hold accountable for your injuries (the respondent) refuses to allow PIAB to examine your claim for compensation, you may pursue your claim in court. PIAB provides useful FAQs about making a personal injury claim.

Under the Civil Liabilities and Courts Act 2004, claims for compensation must be made within two years of the date of the accident.

It is critical, however, that you notify the party you believe is liable for your injuries within one month of the accident. You should tell them in writing (through registered post) of their actions. This provides the individual, corporation, or organisation with an opportunity to investigate your claim. If you do not notify the other party within the stipulated deadline, your application to PIAB will not be denied. However, it may harm your case in the future if you are required to appear in court, and you may be unable to collect your fees.

The application cost for personal injury compensation with the PIAB is as follows:

If you agree to enable the PIAB to evaluate a claim lodged against you, you must pay a €600 fee. If your insurance carrier has agreed to handle the claim on your behalf, the charge will be covered by them.

Citizenship Scoring Method

1. (365 - 42 = 323 days) Reckonable Residence (One year, minus, six weeks)

Applicants must earn a minimum of 150 points in each of the reckonable years (5 out of 8) that evidence of residence is needed. You do this by providing evidence with fixed-point values until you attain the requisite score of 150 points for each year of claimed residence.

  • P 60 / Employment Detail Summary / Notice of Assessments = 70 points

  • Current a/c Bank statements: For each of the required number of years - annually Six consecutive months = 50 points

Total: 70+50 = 120 points, for the remaining 30 points please review the list given here.

2. Establishing Identity

Additionally, an applicant must accrue a total of 150 points for proving identification to achieve the applicable criteria.

A genuine passport of home country verified by a Solicitor, Notary Public or a Commissioner of Oath, please note Peace Commissioners do not have the authority to authenticate passports. = 150 points. For an extensive list please see here.

Hope this is of assistance to you.

To empower!

We thank Mr Ali Awais's time and knowledge on this subject; for further information, please visit Robinson Solicitors.


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