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What is it?

A dentist, as per the Medical Practitioners Act 2017, is a legally recognised medical practitioner in Ireland. They are obliged to practice dentistry to the highest of medical standards. Dental negligence claims arise when a person suffers an injury to their teeth as a result of dental treatment or their appearance has been affected as a result of dental malpractice. It is important to note that if you have suffered an injury as a result of dental negligence, that you contact a dental/medical negligence solicitor to discuss your case.

Common types and causes?

  • Misdiagnosis of medical conditions, such as gum disease or oral cancer
  • Delayed diagnosis of medical conditions, such as gum disease or oral cancer
  • Incorrect tooth extraction
  • Injury as a result of a poor standard of dental work
  • Performance of unnecessary dental procedures
  • Severed nerve claim
  • Poor standards of hygiene leading to infection
  • Fractured Mandible claim

We Look After Your Case

With Tallans Solicitors (Ashbourne) LLP you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face. Talk to Tallans today.

How do these claims arise?

Medical negligence claims can occur under different circumstances. Some examples of medical negligence include:

  • During surgery where there is an error.
  • A misdiagnosed patient.
  • Medical practitioner fails to act, notice an illness or medical need.
  • Medical care is below the standard expected from a medical practitioner.
  • A medical practitioner causes injury, loss of quality of life, or in some cases, leading to death.

Medical practitioners that may be attributed to the negligence of various injuries and illnesses are:

  • Doctors
  • Nurses
  • Medical Consultants
  • Surgeons
  • Plastic Surgeons
  • Opticians
  • Dentists
  • Psychologists
  • Lab Technicians

The list can also include various members of a medical facility, either in the private or public sector.

What is the process to claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence solicitor to help you with this.

  • Speak with a solicitor

    If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or inactions of a medical professional, then speaking with a medical negligence solicitor following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim which can often be quite difficult to establish.

  • Detailed Statement

    At Tallans Solicitors (Ashbourne) LLP, we know from experience obtaining a detailed statement from you at the beginning is critical to the success of any medical negligence action. We ask that you put in as much detail as possible about what has happened to you. This includes not only the factual information but also details of the consequences and how that has affected you. We use your statement as the foundation block to your medical negligence claim

  • Obtain medical records

    In order to make a claim, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor or medical staff tasked with your medical care. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will assess your medical records and advise on any issues that we have identified. We meet with you to discuss our findings and to advise you on the next step of instructing an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.

  • Letter of Claim

    If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case. We arrange to put your case into the Court system.

What do you need to be able to claim?

If you believe that you have suffered because of medical negligence, either by way of an injury or the worsening or deterioration of a pre-existing condition, you may be entitled to a medical negligence claim. For your claim to be meet the legal test, generally, the injury or illness would have to have been ‘avoidable’ if the proper level of medical care had been administered. To be eligible for a medical negligence claim, the following circumstances must be proven:

  • A doctor-patient relationship existed
  • Proof the medical professional was negligent; and
  • Proof that the damage caused to you was a direct result of the doctor’s negligence

To do this, your solicitor will build your case to show that during the period in which your injury was sustained that you had a patient-physician relationship. Proving this will involve reviewing records from the doctor that you claim was negligent, as well as prescriptions and other records. Following this, to prove that your doctor was negligent, an independent medical expert review will be required by a third party. This third party will analyse your case, medical records and actions of the doctor to show that the doctor’s negligence ‘more likely than not’ caused the injury. They will determine whether you have been subject to sub-standard medical care. They will either confirm or deny that if they had carried out the same actions that, in their opinion, they could have avoided your injury or illness. Depending on the type of damage you have suffered, a further independent report may be required in order to prove that the damage suffered was caused by the negligence.

Medical Negligence Specialists

  • Team of Experts on Speed Dial

    Tallans are the only solicitors in the North East who have a team of medical experts in the UK on every medical speciality – gynae, cancer, surgery and much more.

  • Expertise on Compensation

    Tallans are well experienced in understanding compensation levels when it comes to medical negligence cases. Sheila, our Managing Partner, was chosen to sit on the HepatitisC Compensation Tribunal and witnessed first hand the anguish of victims.

  • Advise on the Value of a Case

    The solicitors at Tallans, due to the level of expertise can advise on the value of a case. Medical negligence is hard to prove. The law in Ireland states that you need an expert report from a suitably qualified expert. In addition, Sheila’s experience in medical knowledge is itself phenomenal because of the amount of cases she has worked on.

  • Liaise with other solicitors

    There are a few expert medical negligence solicitors around the country. Tallans is one of them and they all liaise with each other.

  • Confidence is guaranteed

    While Orla and the team are actively pursuing cases in a variety of medical negligence cases, we are not shouting it from the roof tops. Your confidentiality is more important to us.

  • Medical Negligence is traumatic enough

    Being hurt by the medical profession is traumatic enough. Now, you don’t have to travel far to speak with medical negligence expert solicitors in Drogheda and Ashbourne.

Talk To Tallans Today

We use our expert knowledge and 130 year’s experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Brenda Rushe
Brenda Rushe
Partner
Sheila Cooney
Sheila Cooney
Partner

Why Tallans

At Tallans Solicitors (Ashbourne) LLP, our dedicated medical negligence solicitors have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims in Ireland over the past 30 years.

About Tallans Solicitors (Ashbourne) LLP

We draw on more than 130 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9 am to 5.30 pm on 01 835 2027 (Ashbourne) or you can fill out our contact form and we’ll call you back.

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