Med Neg /Personal Injury Claims The statute of limitations for cases of medical negligence is two years. This period runs from the date of accrual of the cause of action. Generally, see the section on the statute of limitations. This is either the date on which the damage occurred or the date on which it was discoverable. A person shall, for the purpose of bringing […]
Evidence to Commence As a general requirement, expert evidence is needed before proceedings are issued in a professional negligence claim. This is a practical requirement but is also close to a legal requirement. The courts have indicated that it is generally required as a question of professional duty. Failure to have medical evidence may lead to a case being dismissed or struck out. However, it […]
Expert Evidence Expert evidence of negligence must generally be present before proceedings are issued in a professional negligence claim. This is a practical requirement but is also close to a legal requirement. The courts have indicated that it is generally required as a question of professional duty. Failure to have medical evidence may lead to a case being dismissed are struck out. However it is […]
Access to Records Records will be created in the course of medical treatment, and they may include examination records, findings, treatment plans, and consent processes. The Health Service Executive has published guidance for making records within institutions. It indicates that the healthcare record performs a number of functions, including: Maintaining the history of the service user. Recording decisions relating to the care plan. Supporting the […]
General Exceptions Disclosures of personal data generally require consent. There is an exception where processing is required urgently to prevent injury or other damage to the health of the person or serious loss of or damage to property. There is also an exception where processing is required for the purpose of legal advice or for the purpose of legal proceedings in which the person making […]
Consent Required Consent is required for medical treatment when it involves any physical interference with the body. This includes any touching or examination by a medical practitioner and, in the case of a surgeon, undertaking surgery. For consent to be valid, it must be informed. This means that, particularly in the context of medical procedures and operations, the patient must understand the nature of the […]
Overview Confidentiality is central to the relationship between a healthcare professional and patient. It is part of the Hippocratic Oath for doctors. It is essential to trust and confidence and underpins the relationship. At common law, it has been said that, in common with other professional men, doctors are under a duty not to disclose, without the consent of their patient, information that the doctor […]