James McSweeney is Ireland’s leading Medical and Clinical negligence Solicitor. Prior to setting up his own practice in 2007, James managed Ireland’s primary specialist Medical Negligence and Personal Injury firm.
During that time, he has been at the cutting edge of developing innovative and quicker ways of winning cases for victims of medical accidents.
Medical Negligence and Clinical Negligence claims are probably the most difficult type of litigation cases to win. It is extremely important that you chose a legal team that has wide experience. The problems you will come across are very complex and specialised. In order to win your case you will have to prove that the mistakes in your treatment were basic and that no competent doctor would have made them.
The most important part of a Medical Negligence case is preparation and without specialist knowledge at the beginning, you may well fail. Examples of this type of case are both related and range from cerebral palsy to other problems such as failed or neglected episiotomy resulting in unnecessary tearing, uterine or bowel tears, epidural headaches. The problem is not limited however and can occur in any kind of medical treatment.
We have a unique approach to Medical Negligence Law. Unlike many Solicitors firms, we are completely independent of the Medical Profession. We have developed our own independent panel of medical experts in Ireland, the UK and the United States who only act for the plaintiff. Like us, they are completely victim focused. James has acted in many high profile cases.
If you would like to discuss your case and compare it to the many cases that James has been involved in, please call for a free, no obligation, first consultation.
Examples of Types of Medical Negligence
Cerebral palsy:
Cerebral Palsy is a developmental disability that will usually be noticeable within the first few years of life. Cerebral Palsy occurs because the motor areas in the brain are damaged or do not develop correctly. In most cases it arises for natural reasons but sometimes it can be due to medical negligence. For example, a doctor may not order relevant tests during pregnancy to identify causal factors, they may not interpret the results of tests properly, may fail to identify a unborn child in distress from various scans, they may unnecessarily delay a Caesarean Section which would relieve the distress and the pediatrician may be absent during the baby's birth, when medical problems could have been foreseen.
Symphysiotomy:
Symphysiotomy, or what was at one-time referred to as a Sigualtian Section, is a surgical procedure carried out in order to widen the pelvis to ease the delivery of a child that may have been restricted from natural childbirth for several reasons.
This surgical procedure would normally be carried out under a local anaesthetic and then the baby would be delivered through vacuum extraction methods. There are some intrinsic risks associated with a symphysiotomy, such as urethral and bladder injury, infection, long term difficulty in walking and pain. While some of these procedures can be viewed as necessary to save the life of the child or mother, there are many cases today that offer no justification in any circumstances for the performance of a Symphysiotomy.
Episiotomy:
Episiotomy is a medical procedure that involves the creation of a surgical cut through the perineum during childbirth usually to prevent the development of a natural tear which can be difficult to repair. The Episiotomy is sutured after the birthing process is completed. In most cases the procedure goes very well and full recovery can be quite fast. However, in some cases the procedure can lead to excessive bruising, the tear spreading to the anus, pain during sexual intercourse, ongoing pain and incontinence. Unfortunately, in some cases, this suffering may be due to an unnecessary Episiotomy or negligence in the surgery and post surgical care.
Epidural Headache:
Epidurals are used in many procedures today from hip replacements to childbirth. It can be seen as a very effective form of pain relief but, if not carried out correctly, can lead to complications. An epidural headache can also be known as post dural puncture headache, cerebral spinal fluid leak, low pressure headache or spinal headache. Due to the nature of the injury the full effect of the headache can be triggered by things as simple as when you stand or sit up or even raise your head slightly. After a procedure involving an epidural some people will experience some mild post operative discomfort. For many it will disappear over a short period of time. For others it may become more pronounced. An epidural headache may be caused by the negligence of the anaesthetist who fails to observe spinal fluid leak and take the appropriate action in time.
Uterine Perforation:
Some people will consider many various contraceptive methods to prevent any untimely pregnancies. For some the use of the coil is a preferred option and in many cases is a very successful option that can be easily undone. However if the coil is not inserted correctly it can lead to it becoming embedded in the uterus. In some cases the only option is to have surgery to remove the contraceptive device which usually includes a full or partial removal of the Uterus. The coil may be expelled if not correctly inserted which can lead to some pain and other consequences.
Perforated Bowel Syndrome:
Perforated Bowel Syndrome can also be known as a gastrointestinal perforation. It is a gap that forms within the wall of the large intestine, small intestine or stomach that allows the contents of the colon or stomach to escape into the abdomen, leading to infection, internal bleeding, sepsis and possibly death. The perforation may be caused by a naturally forming obstruction, as a result of a crush injury or due to a mistake during surgery. Medical practitioners could be considered negligent if they fail to correctly diagnose the symptoms, delay treatment unnecessarily, if they perforate the bowel during surgery and fail to rectify their mistake.
Misdiagnosis of a Dissecting or Ruptured Aortic Aneurysm:
An aneurysm usually refers to the abnormal enlargement or bulging of a part of the artery. The bulge normally starts in an area of the vessel that is weakened.
