Making a medical negligence claim can be a complex process, requiring a robust collection of evidence to establish liability and demonstrate the harm suffered. Sherwin O’Riordan Solicitors understands the intricacies involved and are here to guide you through each step. This blog post outlines the key types of evidence crucial for a successful medical negligence claim in Ireland.
Medical negligence occurs when a healthcare professional or institution fails to provide a reasonable standard of care, causing injury or harm to a patient. To succeed in a claim, you typically need to prove three elements: a duty of care, a breach of that duty, and causation, meaning the breach directly caused your injury.
Your complete medical records are the cornerstone of any medical negligence claim. These documents provide a detailed timeline of your treatment, diagnoses, medications, test results, and observations made by healthcare professionals. They can reveal crucial information about the standard of care provided and any deviations from accepted medical practice. It is essential to obtain all relevant records, including hospital charts, GP notes, specialist reports, and imaging results.
Perhaps the most critical piece of evidence in a medical negligence case is an independent expert medical report. In fact, Irish courts place significant emphasis on these reports, which are prepared by medical professionals in the same field as the alleged negligent party. Moreover, the report must clearly indicate that, in the expert’s opinion, a breach of duty of care occurred and that this breach caused or contributed to your injury. As highlighted in Abigail Barnett Hunt v Peter Gormley, Bon Secours Health Systems Limited and Bon Secours Hospital Galway, it is deemed “irresponsible and an abuse of the process of the court” to initiate proceedings without appropriate expert evidence. Additionally, the report should specifically criticize the treatment provided and establish a causal link between the alleged negligence and the harm suffered.
Statements from individuals who witnessed aspects of your treatment or the events leading to your injury can be valuable. For instance, this could include family members who observed your condition, or even other healthcare staff if they are willing to provide a statement. Although witness testimony is not always available, it can nonetheless corroborate your account and provide additional context.
A comprehensive and accurate account of your experience is vital. This should include:
If your injury has resulted in financial losses, you will need to provide evidence to support these claims. This can include:
In some cases, photographic or video evidence can be highly impactful; specifically, it is particularly effective for visible injuries, changes in your physical condition, or the environment where the alleged negligence occurred. Moreover, this type of evidence can visually demonstrate the extent of your injury and its progression over time.
Furthermore, all correspondence related to your medical care and the subsequent claim should be meticulously kept. This includes letters from healthcare providers, solicitors, and insurance companies. In addition, these documents can provide valuable insights into the communication between parties and any admissions or denials of liability.
Navigating a medical negligence claim requires specialized legal expertise. An experienced solicitor will help you gather the necessary evidence, identify the relevant legal principles, and build a strong case. They will advise you on your likelihood of success, the potential value of your claim, and represent your interests throughout the legal process. Sherwin O’Riordan Solicitors specialize in personal injury and professional negligence cases, offering comprehensive legal solutions. They understand the complexities of cases like O’Riordan v Maher & Ors, where the court recognized the inherent difficulties in medical negligence cases, such as the need for extensive expert reports and the plaintiff’s reluctance to jeopardize ongoing medical treatment.
Making a medical negligence claim in Ireland can be challenging but often becomes a necessary step for those suffering harm due to substandard medical care. By meticulously gathering and presenting the right evidence, particularly comprehensive medical records and independent expert reports, you significantly strengthen your position. Engaging with a knowledgeable legal team like Sherwin O’Riordan Solicitors proves crucial in effectively and professionally handling your claim, maximizing your chances of a successful outcome.
This case, Abigail Barnett Hunt v Peter Gormley, Bon Secours Health Systems Limited and Bon Secours Hospital Galway, concerns a claim of medical negligence arising from a surgical procedure. The core of the dispute revolves around alleged failures in surgical technique and post-operative care that led to significant complications for the plaintiff, Abigail Barnett Hunt.
The plaintiff, Abigail Barnett Hunt, underwent a surgical procedure performed by Mr. Peter Gormley at Bon Secours Hospital Galway, which is operated by Bon Secours Health Systems Limited. The specific details of the procedure and the nature of the complications are central to the legal arguments. It is alleged that the surgical intervention itself, or the subsequent management of the patient, fell below the accepted standard of care for a reasonably competent medical professional in that field. The plaintiff claims to have suffered severe and lasting injuries as a direct result of this alleged negligence, impacting her quality of life and requiring further medical intervention.
The defendants, Mr. Peter Gormley, Bon Secours Health Systems Limited, and Bon Secours Hospital Galway, plan to defend the claim by arguing that their care met professional standards or that any complications were inherent risks of the procedure, not due to negligence. The case will likely involve expert medical testimony from both sides to establish the standard of care, determine if it was breached, and assess the causation and extent of the plaintiff’s injuries. As of August 20, 2025, the case’s outcome or status depends on whether it has gone to trial, reached a settlement, or remains in the pre-trial discovery phase.
At Sherwin O’ Riordan, you are never just a case number. You are a person with a story, and we make sure it is heard.
* 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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