What is a failure to treat claim?
A failure to treat claim typically refers to a legal action taken against a healthcare provider or medical facility when they are alleged to have failed to provide appropriate medical treatment or care to a patient, resulting in harm or injury to the patient.
What are some common reasons for failure to treat claims?
Failure to treat claims can arise from various situations where healthcare providers are alleged to have failed in their duty to provide appropriate medical treatment or care to patients. Some common causes of failure to treat claims in Ireland include:
- Misdiagnosis or a delayed diagnosis
- Medication errors
- Surgical errors
- Failure to provide appropriate treatment or care
- Neglect or lack of monitoring
- Premature discharge
Who can bring a failure to treat claim?
A failure to treat claim can be brought by the person who suffered harm or injury due to the alleged failure to treat. However, if the injured party is unable to bring the claim themselves, a legal representative or family member may do so on their behalf.
Does your condition have to be life-threatening to make a failure to treat claim?
Your medical condition does not necessarily have to be life-threatening for you to make a failure to treat claim.
While some medical negligence cases involve life-threatening situations, many other cases involve harm or injury resulting from a failure to provide appropriate medical treatment or care that may not be immediately life-threatening, but still have serious consequences for the patient’s health and well-being. The severity of the harm or injury can vary widely, and it may include physical injuries, emotional distress, prolonged illness, complications, or other adverse effects.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*