Fatal Injury Cases

Where a person dies as a result of incorrect medical treatment, a case may be pursued against that wrongdoer. This is called a fatal injury case. Generally, the case is taken by the family or the children of the deceased. They are referred to as statutory dependants.

Coroner’s Inquests are frequently held to further investigate the death. We can assist with this process.

Similar to cases of medical negligence, a medical expert must be briefed to obtain a report.

What do I have to prove?

In simple terms, the dependant who wishes to take a case, must prove:

• The treating health care physician owed a duty of care to the deceased;
• They provided a level of medical treatment below the standard to be expected; and
• This substandard care resulted in the death.

A claimant has two years to bring a case from the date of death. If it is your intention to seek legal advice, this should be done as soon as possible because there are a number of steps before a case can commence.

Please note that we meet with clients for medical negligence cases throughout Ireland.