Compensation for Medication Error in Hospitals
How can my child get compensation for medication error in hospitals?
In order to claim compensation for medication error in hospitals your child will need to be represented by you or another legal guardian acting as their “next friend”. This is because under Irish law, children are not permitted to advise a solicitor or pursue a claim on their own behalf. As a next friend you would have to speak on behalf of your child while pursuing a claim for compensation for a hospital error with medication, advise a solicitor for them and also accept liability for any financial repercussions should the claim ultimately be unsuccessful.
Another option for claiming compensation for when the wrong medication was provided in hospital would be to wait until your child turns eighteen. Because the Irish Statue of Limitations — which allows potential claimants two years to pursue a claim — applies somewhat differently to children, a child will have up until the age of twenty to make a claim. This is because children cannot take legal action while they are still minors, so the usual time limit will not begin until they turn eighteen.
While it may seem like you have plenty of time to initiate a claim, if you wish for your child to obtain compensation for medication error in hospitals you should still make sure to contact a medical negligence claims solicitor at the first available opportunity. A claim like one for a hospital error with medication is likely to be complex, so it always recommended that you find out the viability of your potential claim soon after medical negligence occurs. For your child’s claim for the wrong medication provided in the hospital to be successful, they will have to have suffered a medical consequence as a result. If they have not suffered an illness, injury or the deterioration of an existing condition as a result of being provided with the wrong medication, they will not be able to make a claim, despite it appearing to be a clear demonstration of negligence.
After you inform a solicitor of the circumstances in which your child suffered due to negligence and the subsequent affect this has had on their quality of life, they will decide whether or not the claim is sufficiently strong. If they do think you may have a chance of success, your solicitor will obtain your child’s relevant medical notes and show them to an independent medical expert. This medical expert will decide whether or not negligence can be established and if the medical consequences your child suffered could have been avoided in contrasting circumstances. Based on what this medical expert concludes, your solicitor will decide whether or not to proceed with your child’s claim.
The general information provided here regarding claiming compensation for a medication error in hospitals on behalf of your child is no substitute for the specific legal advice you will be able to receive from a solicitor who has knowledge of your child’s situation. Therefore it is recommended that you contact a solicitor at the first possible opportunity in order to discuss your child’s potential claim.