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Hepatitis C

Receiving a diagnosis of Hepatitis C can be extremely worrying and stressful for the individual diagnosed and their family and loved ones.

In part, this is due to the general lack of understanding of Hepatitis C, including how it occurred, the short, medium and long-term implications for the health and life of the individual, and their prognosis. Where Hepatitis C has been passed due to medical error, in some cases it may be possible to bring a claim against the negligent party.

What is Hepatitis C?

Hepatitis C is a virus within the blood which, if not managed, can cause liver damage. Over time the damage to the liver may eventually impair its ability to function normally. There are believed to be between 20,000 and 30,000 people in Ireland with the condition. Hepatitis C is passed by contact with contaminated blood, or other bodily fluids from an infected person.

Symptoms may include lethargy, a high temperature, abdominal pain, joint aches and pains, loss of appetite and nausea.

Psychological symptoms may also include memory impairment, anxiety, depression, and mood swings. Treatment is usually in the form of medication designed to target the virus, with the exact drug based on the strain of Hepatitis C particular to the patient (there are six known strains). With timely and effective treatment, the effects of the Hepatitis C virus can be significantly controlled.

Hepatitis C Compensation Tribunal Scheme
The Hepatitis C Compensation Tribunal Act, 1997 and the Hepatitis C Compensation Tribunal Amendment Act, 2002 provide statutory legal protection relating to the administration of Human Immunoglobulin Anti-D, and the provision of a blood transfusion within the Republic of Ireland. Those infected with Hepatitis C or HIV may be able to seek recourse as a result of Hepatitis C medical negligence. If the person has died in a situation where the virus caused by medical negligence was a significant contributory factor to their death, the spouse, children, carers or any dependent of the deceased may be able to bring a claim.

Medical professionals, including GPs, have a Duty of Care to protect your health, however, they may be considered negligent if they fail to:

Make a correct or timely diagnosis
Spot the signs and symptoms of Hepatitis C
Carry out the necessary tests for Hepatitis C
Inform you if you receive a positive result
Refer to you a specialist
Provide the correct medication
Monitor your progress and make corrective action as needed
Protect you from contaminated blood or other infected agents

If you are unsure if the circumstances that led to you becoming infected with Hepatitis C amount to medical negligence, our team of Medical Negligence Solicitors will be able to advise you. They will listen to the details of your case and provide an honest assessment of your case, and whether you may be able to seek legal recourse.

By bringing a claim for Hepatitis C, you may be eligible for:

General Damages
General damages relate to the pain and suffering, personal injury and loss of expectation of life or happiness which an infected person suffered during their lifetime. Upon death, this award may be divided among the dependants as the Tribunal feels is just.

Special Damages
Special damages include any expenses which have been incurred to date, or those which might reasonably be expected in the future, as a result of Hepatitis C. This might include costs for medical care and equipment to enable everyday living. It may also provide recourse in the event that the individual affected is unable to work.

We have represented and secured awards for a number of clients and dependants in their applications under the scheme. Applications must be brought on an individual basis. Persons infected may bring claims as necessary during their lifetime with respect to damages and care afforded.

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Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm. Call us: +353 1 644 5800

Why Choose Lavelle Partners for a Hepatitis C Claim?

Our award-winning Medical Negligence & Personal Injury Team, headed by industry-leading partner Avril Scally, have decades of combined experience and place client care at the centre of everything we do.
The Team have developed a reputation for excellence in their field; being acclaimed as Medical Negligence / Personal Injury Law Firm of the Year at the Irish Law Awards in both 2023 and 2022.
We have successfully managed many cases of Hepatitis C due to Medical Negligence under the Hepatitis C Compensation Tribunal Scheme.
We will listen to your case carefully and with complete empathy and will only recommend moving forward if we believe you have a valid case.
We have both the legal expertise and understanding of the real-life challenges faced by those affected by Hepatitis C.
Our solicitors will manage the process entirely on your behalf; compiling the necessary information and managing the submission of your Medical Negligence claim.

Need Help? Just Ask.

For legal guidance on making a claim for Hepatitis C Medical Negligence, or for more information on the Hepatitis C Compensation Tribunal Scheme, contact us on +353 1 644 5800 or email law@lavellepartners.ie

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