Medical Negligence Resulting in Cerebral Palsy

Medical Negligence Resulting in Cerebral Palsy

Medical Negligence Resulting in Cerebral Palsy The Senior Partner, Emmet Halley, represented a 17-year-old boy with cerebral palsy who has secured a final payment of €12,500,000.00 for settlement of his High Court action over the circumstances of his birth at University Hospital Waterford (formerly Waterford Regional Hospital). This brings the total settlement to in excess …

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Medical Negligence Resulting in Cerebral Palsy

New Personal Injuries Guidelines Set for Introduction on April 24 2021

In response to growing concerns about the rising costs of insurance premiums in Ireland, the government unveiled its Action Plan for Insurance Reform late last year. As part of this initiative, new Personal Injuries Guidelines came into force on April 24 2021. The Guidelines aim to reduce overall awards for claims by setting out parameters for the …

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Failure to Wear a Seatbelt_ How Contributory Negligence Affects Claims

Failure to Wear a Seatbelt: How Contributory Negligence Affects Claims

Of the drivers killed in road accidents in 2019, one-fifth were not wearing seatbelts. Because failure to wear a seatbelt is such a risk factor for death and injury on roads, the law does its best to encourage drivers and passengers to use them at all times. If a member of An Garda Síochána catches …

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Legal Right to Access Medical Records

Legal Right to Access Medical Records

Everyone has a legal right to access their own medical records. In practice, however, patients can encounter various difficulties when liaising with healthcare facilities to get these documents. Hospitals and doctors’ offices can sometimes charge you to return your records. The specific cost of this varies depending on the nature of the record and the …

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Compensation for Mother & Baby Home Survivors

Compensation for Mother & Baby Home Survivors

According to coverage from the Waterford News & Star, Waterford was mentioned in the Final Report of the Commission of Investigation into Mother and Baby Homes more than 120 times. The report detailed abuses and neglect in several types of institutions, including mother and baby homes, county homes, industrial schools, and Magdalene laundries. The publication of the report on …

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Noteworthy Medical Negligence Cases

Noteworthy Medical Negligence Cases

Emmet Halley, the firm’s senior partner,  recently settled some noteworthy cases, particularly in the medical negligence sphere. The following medical negligence case settled for €1,000,000.00. In early April 2016, our client attended at a hospital with a history of acute symptoms, including the onset of incoordination, facial numbness and leg weakness.  He had initially attended …

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The Companies (Miscellaneous Provisions) (Covid-19) Act 2020

The Companies (Miscellaneous Provisions) (Covid-19) Act 2020

The coronavirus pandemic has placed an unprecedented strain on our economy and the way we do business. In an attempt to reflect this and adapt to the “new normal,” the government has introduced amendments to the Companies Act 2014 and the Industrial and Provident Societies Acts 1893 to 2018. The Companies (Miscellaneous Provisions) (Covid-19) Act …

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Repetitive strain injuries are a diverse group of conditions that cause bodily pain, usually in upper limbs. These injuries usually come about due to repeated movement over a long period of time, rather than a single incident. When people think of workplace injuries, they often picture physical labourers. However, repetitive strain injuries can result from a wide range of workplace activities. If you’ve developed a repetitive strain injury due to unsuitable workplace conditions, you should contact us for a consultation. Symptoms of Repetitive Strain Injuries There are many different kinds of repetitive strain injuries. The following are just some of the symptoms that might indicate that you have developed one; Pain or tenderness in muscles or joints Stiffness Numbness Tingling Swelling or inflammation Cramp Throbbing sensations It’s important to remember that the defining characteristic of a repetitive strain injury is its source, not its symptoms. As long as your condition results from the repetition of a particular movement over a period of time, it can be considered a repetitive strain injury. Common Causes of Repetitive Strain Injuries Repetitive strain injuries can arise from a variety of sources. In the context of the workplace, repetitive strain injuries are commonly caused by one or more of the following; Physical work for long stretches without rest Repetitive hand movements Use of vibrating equipment for extended periods It is your employer’s duty to manage these risk factors if they are a feature of your workplace. If, for example, your job involves lifting and carrying items from an assembly line, your employer is responsible for ensuring that you get frequent breaks. When to Pursue a Claim for a Repetitive Strain Injury If your repetitive strain injury arose because of activities in the workplace, you may be entitled to take a case against your employer. Causation A common problem in repetitive strain injury cases is that of causation. This is the legal concept that courts use to assign liability; unless a defendant’s actions or omissions were the cause of a plaintiff’s injuries, the defendant cannot be made to pay for them. Causation is not as much of an issue in most workplace injury disputes, as the cause of the problem is usually obvious. If you were to slip on a patch of wet floor in the office and damage ligaments in your knee, for example, your employer could not reasonably argue that you picked up your injury somewhere else. However, the cause of a repetitive strain injury is more difficult to diagnose. You must prove that your injury was a direct result of workplace activities to succeed with a case. An independent medical assessment will be necessary to identify the reason(s) for your condition. It might be the case that your activities at work caused a certain percentage of your injury, with unrelated factors causing the remainder. In this situation, your employer will have to compensate you to the extent that they were at fault. Securing Your Entitlements After a Repetitive Strain Injury Repetitive strain injuries can have long-lasting repercussions for your health and leave you with ongoing medical expenses and other costs. If your employer’s failure to provide suitable working conditions has left you with a health problem, contact us today to discuss your best course of action. We are based in the South East of Ireland.

Repetitive Strain Injuries (RSI)

Repetitive strain injuries are a diverse group of conditions that cause bodily pain, usually in upper limbs. These injuries usually come about due to repeated movement over a long period of time, rather than a single incident. When people think of workplace injuries, they often picture physical labourers. However, repetitive strain injuries can result from a …

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Sepsis and Medical Negligence Claims

Sepsis and Medical Negligence Claims

Sepsis is an immune response to bacterial infections in the bloodstream. The inflammation that this response triggers can be very harmful, causing tissue damage, organ malfunction, and even death. Sepsis occurs most commonly in hospitals. While the issue is sometimes unavoidable, the risk of its development increases in facilities with improper hygiene procedures. Failure of medical staff …

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