Is it possible to make a claim for hospital medical negligence compensation if the hospital misplaced my test results and treatment for a blood disorder was delayed by two months?
You should be eligible to make a claim for hospital medical negligence provided that the delay in receiving treatment resulted in the deterioration of the blood disorder or a quantifiable injury occurring elsewhere in your body which was directly attributable to the lack of treatment. In simple terms, you must have suffered an injury which could have been avoided in order to make an injury claim for hospital medical negligence.
If you believe that this is the case, you will have to speak with a medical negligence solicitor as the Injuries Board Ireland will not process applications for assessment which are related to medical negligence – even though misplacing your test results would be regarded by most as an administrative error. The solicitor will request that you make a written complaint to the hospital in order to receive an explanation of how your test results came to be misplaced.
Meanwhile, in order to confirm that an injury has been sustained and to support your injury claim for hospital medical negligence compensation, your solicitor will arrange for you to have an examination by an expert haematologist. If the haematologist discovers that there has been “negative event” due to the hospital´s negligence, your solicitor will write a Letter of Claim to the hospital administrator inviting the hospital to make a settlement offer of compensation for hospital medical negligence.
It may be the case that the hospital – or more frequently their public liability insurers – makes an offer of settlement directly to you in reply to your letter asking for an explanation. If this happens, you should advise your solicitor straight away – not only to ensure that how much compensation for hospital medical negligence you are being offered represents a fair and adequate settlement of your claim, but also because the hospital´s direct approach could be interpreted as an admission of liability for your injury and, if their offer of compensation for hospital medical negligence is inappropriate, your solicitor will be able to apply for interim payments of hospital medical negligence compensation until such time as your claim is resolved.
As yours appears to be a clear case of negligence, there should be no reason for your claim for hospital medical negligence to go to court and it should be resolved relatively quickly – provided that it can be established that you have sustained an injury due to the hospital´s negligence. However, as it may be necessary to confirm that you have experienced a “negative event” before the treatment you are now receiving masks any signs of injury, you should contact a medical negligence solicitor at the first possible opportunity.