Can I make a claim for being given wrong medicine by nurse on behalf of my son after he became very ill after taking the incorrect medicine?
A claim for being given wrong medicine by nurse can be made on behalf of your son if he has been a victim of the negligence of a third party who owed him a duty of care. Your son should not expect to sustain an injury after receiving wrong medicine from nurse and if this occurred because of carelessness on account of a medical professional, compensation could be sought against the insurance policy of the hospital. However as medical negligence* was the cause of your son’s accident, this can complicate the process for claiming compensation for being given wrong medicine by nurse. For this reason, you are advised to consult a personal injury* solicitor at the earliest opportunity following your son’s accident from receiving incorrect medicine by nurse.
Under Irish law, a child cannot make a claim for being given wrong medicine by nurse until he or she has reached the age of eighteen, after which they will have two years in which to make a claim. However compensation may be required before then and for this reason you are able to initiate a claim for an injury after receiving wrong medicine from nurse on your child’s behalf as a “next friend” at any stage between the accident and their eighteenth birthday. However it should be noted that although you may have a significant amount of time in which to make a claim for compensation for being given wrong medicine by nurse, you should pursue compensation sooner rather than later as it may be required for educational or medical costs. There is also the fact that evidence of your son’s accident from receiving incorrect medicine by nurse may fade in time and for this reason you should seek legal advice without delay.
To represent a claim for being given wrong medicine by nurse on a child’s behalf a next friend – often a parent or guardian – cannot have a conflict of interest in the child’s claim and must also receive approval from a judge to represent the claim. They must also be prepared for the possibility that in the circumstance of an unsuccessful claim for an injury after receiving wrong medicine from nurse, a next friend will have to accept any financial liability which may arise. If the claim for compensation for being given wrong medicine by nurse is successful, the compensation awarded will be paid into court funds – after being approved by a judge – where it will remain until the child reaches the age of eighteen. However if compensation is needed for medical or educational costs following an accident from receiving incorrect medicine by nurse, this may be released upon application to the court.
Claiming compensation for a child following an injury after receiving wrong medicine from nurse can be difficult, not least because it will be considered to be medical negligence* which will not be assessed by the Injuries Board. However provided that the negligence of a medical professional who owed you a duty of care can be verified, your son may be entitled to receive compensation for being given wrong medicine by nurse. By consulting a solicitor following your son’s accident from receiving incorrect medicine by nurse the amount of compensation to which he may be entitled can be determined, as can the strength of the claim and whether it is worth pursuing further. You will significantly improve the likelihood that your claim for being given wrong medicine by nurse will be successful with the assistance of a solicitor and for this reason you are advised to consult a personal injury* solicitor at the earliest opportunity.