It may be challenging to accept, but mistakes happen in the Irish Healthcare System. Sadly, it’s ultimately the patients who suffer the outcome of a medical professional failing to provide the standard level of care expected of him or her. If you believe it’s more frequent in the public healthcare sector, you are partially correct. The private sector too witnesses such cases.
Thankfully, patients can claim compensation by seeking the assistance of medical negligence solicitors in Cork to address the negligent care and seek further treatment to relieve themselves of suffering! However, not all claims culminate into civil actions. Some are so life-altering that they require criminal investigation. Today, we shall look into the difference between the two to explain the steps you may have to take if you get involved in any of the cases. Difference between Civil and Criminal Medical Negligence Claims as Clarified by Claim Solicitors in Cork A medical negligence case, as witnessed by medical negligence solicitors in Cork, may have both civil and criminal elements involved. However, the processes are incongruous. Therefore, we are here today to check out the differences between the two. The first and foremost difference between a civil and criminal medical negligence claim is quite obvious – while the former involves a civil case, the latter warrants a criminal enquiry due to the intent behind the event. This indicates that a culpable party is saved from the criminal investigation if the accident was unintentional and unfortunate. However, if the victim claims gross medical negligence, which is only possible from wilful wrongdoing, a criminal enquiry may be addressed. In the case of a criminal medical negligence case, the person accused is either pinned under the charges of reckless behaviour, a deliberate attack on the victim or a blatant disregard for duty of care. A Gardai usually investigates the case, but it has nothing to do with the medical negligence claim you have pursued by taking the help of a claim solicitor in Cork. If you submit enough evidence, you can secure the desired compensation you are eligible for. How is Gross Medical Negligence Scaled in Ireland? Gross negligence manslaughter in Ireland may involve fatality and criminal proceedings, but it need not be so all the time. The Irish court of law does not always consider the death of the claimant or their personal representative as the metric to term it as gross medical negligence. Rather, it examines the risk of substantial personal injury as an outcome of the negligent behaviour of the medical professional. At the time of prosecution, the criminal action is seen in light of the severity of the injury in response to the wrongful act. What to Do if a Medical Negligence Claim has a Criminal Angle? Without a shadow of a doubt, the first course of action is hiring one of the most reputable solicitors in Cork. Make sure the legal professional has ample experience in such matters. Apart from involving a solicitor, notifying a Gardai is equally vital as the person would investigate the matter to prosecute the accused on assembling sufficient evidence. While the solicitor will play a role in helping the victim to draw maximum compensation for negligent treatment, the Gardai will prosecute the criminal element of the case. Postscript: Be it a misdiagnosis, an anaesthetic error or a labour malpractice, you can almost claim for medical negligence and find Breen Walsh Solicitors at your assistance. The law firm has some of the best and most experienced claim solicitors in Cork, ready to guide you in such matters.
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May 2021
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