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Blog Description:

The McCarthy & Co. Solicitors blog provides useful updates, information and advice on medical negligence and personal injury cases and related legal matters. The blog also provides updates on nationwide medical negligence cases. As a team of nationwide medical negligence and personal injury solicitors based in Dublin and Cork, McCarthy &Co. Solicitors can provide you with expert advice and assistance.
Blog Added: November 09, 2016 12:26:11 AM
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Audience Rating: General Audience
Blog Platform: WordPress
Blog Country: United-Kingdom   United-Kingdom
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Total Visits: 1,035
Blog Rating: 3.43
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GDPR and Your Business

While the GDPR enhances rights for consumers, it also introduces new obligations for businesses. Failure to comply with data protection obligations now has serious consequences for business in that the Data Protection Commission has serious teeth and can levy fines of up to €20 million or 4% of global turnover, whichever is the greater. Consumers […] The post GDPR and Your Business appeared first on McCarthy & Co....

While the GDPR enhances rights for consumers, it also introduces new obligations for businesses. Failure to comply with data protection obligations now has serious consequences for business in that the Data Protection Commission has serious teeth and can levy fines of up to €20 million or 4% of global turnover, whichever is the greater. Consumers now also have enhanced rights to claim compensation for damages if their data protection rights are infringed. Accordingly, it is very important that you review your insurance in your business immediately to ensure that you have appropriate cyber and data protection liability cover in place.

In addition, there is massive reputational damage that can flow from failure to comply with the GDPR. If nothing else, consumers are now more and more aware of their rights and will expect to see that the businesses they deal with respect those rights. So, while there are risks and challenges associated with becoming GDPR compliant, you can also turn GDPR compliance into a very positive thing for your business.

There is a lot to the GDPR and there is no way we can cover everything that you need to know on GDPR in your business here. So, what we will do is outline some of the new enhanced obligations that GDPR has created for businesses. These include:

• The obligation to ensure a lawful basis of processing of data and to provide information to the people who are the subject of the data – you can only hold data if you have a lawful basis for doing so in the first place. And when you do hold data the GDPR sets down very specific requirements on the information that you must provide to the people the subject of that data. This means you need to review your privacy notices on your website and the information that you provide to people when they start to do business with you.

And of course, if you have employees, you must provide every employee with similar information about any data you hold on behalf of them.

The GDPR imposes stricter requirements for sensitive data, that is data relating to health or medical matters, race, ethnicity, political opinions, criminal convictions, etc.

• The obligation to use processors that meet the requirements of the legislation – whenever you transfer data out of your business you need to ensure that the people you are transferring it to will be compliant and that you have a suitable written legal agreement in place with them before you make the transfer. This includes anyone who has access into your business from outside.

• The obligation to keep data secure and to report data breaches. One of the biggest changes brought about by the GDPR is the introduction of the mandatory requirement to report data breaches to the Data Protection Commission within 72 hours of becoming aware of the breach. These requirements highlight the importance of ensuring that your physical and cyber security measures are up to standard.

• The obligation to appoint data protection officers – the GDPR introduces the requirement to appoint a Data Protection Officer (DPO). Not all businesses will need to appoint a DPO but those coming within the criteria must do so and then publish the contact details of the DPO and notify the Data Protection Commission. A DPO must have appropriate expertise in data protection law and practice. You should be aware that once appointed a DPO can never be given instructions in relation to their data protection tasks and can never be dismissed for carrying out those tasks. Therefore, the DPO is a protected category of employment and any business should think carefully about whether they need to appoint a DPO and, if so, who to appoint.

• The obligations relating to transferring data outside the EU – data cannot be transferred outside of the EU without adequate safeguards in place. There are a number of methods by which this can be achieved with the most common being the use of what are called Model Contract Clauses prepared by the European Council for this purpose. Where you transfer data in your business outside of the EU you should ensure that appropriate safeguards are in place and documented. This is particularly important where you use any cloud computing applications in your business. If you are using the cloud you should establish where that data is located in the cloud and, if it is transferred outside of the EU, that adequate safeguards are in place.

• Finally, while most of our clients are based in Ireland, if your business is based outside of the EU (and, of course, the UK may well come into this category from March 2019) and your business does not have a physical establishment in the EU, you must appoint a representative in the EU for your business as a point of contact for data subjects and regulatory authorities in the EU.

If you would like to find out more about how to ensure that your business is compliant with GDPR or if you need a GDPR Article 27 Representative in the EU for your business, please contact us.

The post GDPR and Your Business appeared first on McCarthy & Co. Solicitors.



Weather Update

Beast from the East Update! As many of our staff can’t travel safely to our offices while the roads are covered in snow our offices will be closed on Wednesday 28 February and we will making a call on reopening as soon as it is safe to do so.  We will post here as soon as […] The post Weather Update appeared first on McCarthy & Co....

Beast from the East Update!

As many of our staff can’t travel safely to our offices while the roads are covered in snow our offices will be closed on Wednesday 28 February and we will making a call on reopening as soon as it is safe to do so.  We will post here as soon as we have any update.

We apologise for any disruption that this may cause. And we hope that you stay safe and warm during snow.

And look, let’s face it, we all just want to go outside, have a snowball fight and build a snowman! 🙂 

Contact our Solicitors in Dublin & Cork for further advice.

The post Weather Update appeared first on McCarthy & Co. Solicitors.



What Is the Injuries Board and How Can You Make a Claim*?

Sometimes, succeeding in a personal injuries claim and getting the compensation you deserve takes more than just applying to the PIAB yourself. You may need a little help and expertise along the way. People in Ireland who have unfortunately been injured in an accident that was not their fault are entitled to make a claim […] The post What Is the Injuries Board and How Can You Make a Claim*? appeared first on McCarthy & Co....

Sometimes, succeeding in a personal injuries claim and getting the compensation you deserve takes more than just applying to the PIAB yourself. You may need a little help and expertise along the way.

People in Ireland who have unfortunately been injured in an accident that was not their fault are entitled to make a claim for compensation. Under the law, they must do so via what up to now was generally known as the Injuries Board, but not everyone is clear on what’s involved or what the process is.

Adding to the confusion, the Injuries Board is known by a variety of names. Officially, it’s the Personal Injuries Assessment Board, but it’s also known by its acronym, PIAB. Even its executives are not always sure what they want to be called, as they keep changing their minds.

Recently, the body appears to have changed its name and website from the Injuries Board to the PIAB and so, for now, we’ll stick with the PIAB. This is an official, statutory body that was set up in 2004 as a way for people to make claims for personal injury. They can do so in a low-cost and relatively speedy way — rather than the expensive and time-consuming method of going to court, as well as clogging up the court system with claims.

Claiming via the PIAB

Making a claim for personal injury compensation with the PIAB can be fairly straightforward. You can do it online and it only costs €45 for a claimant to make an application. All relevant documentation to support a claim must be submitted, including medical reports detailing an injury and any ongoing treatment or therapies.

In 2016, the PIAB made a total of 12,966 personal injury compensation awards. These were collectively worth €315.1 million and the average time for processing a claim was just over seven months. But, while all this sounds positive and an easy way for someone to make a personal injury claim, the reality can often be far different. As such, many people appoint an experienced personal injury solicitor to handle their claim with the PIAB.

That’s because most people are aware that they only have one chance at making a personal injury claim — and it must be within two years of an accident happening. Therefore, they don’t want to leave it up to chance when they do. After all, it’s only natural that claimants want the maximum amount of compensation for the injury they have suffered. An experienced personal injury solicitor can put them in the best possible position to get exactly that.

Succeeding In A Personal Injuries Claim

Additionally, many people are either not knowledgeable about the claims process in Ireland, or don’t want to spend a lot of their time dealing with the PIAB and potentially other parties as well. It can add up to a lot of hassle. For them, it’s best left to a solicitor to handle it all. A top personal injuries solicitor will also have an idea as to how much settlements should be for particular cases.

Plus, bear in mind that claimants are not obliged to accept a financial award from the PIAB. If it’s too low and they think the situation warrants more, they can reject it. That’s not the end of the road, however, as you can then take your case to court. Claimants who already had a solicitor dealing with their claim via the Injuries Board will be primed to argue their client’s case before a judge.

A little expert help with your personal injury claim can go a long way towards ensuring you get what’s rightfully yours. It will all help in getting over the accident you were involved in and the injury you suffered, putting you back on the road to health and happiness.

To find out more about the PIAB or any other aspect of personal injury claims, contact McCarthy & Co Solicitors in Dublin & Cork and speak in confidence to one of our expert personal injury solicitors. In the meantime, make sure to download your FREE copy of our Consumer’s Guide to the Injuries Board.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

The post What Is the Injuries Board and How Can You Make a Claim*? appeared first on McCarthy & Co. Solicitors.



Transvaginal Tape Claims*: What You Need to Know

Transvaginal Tape Claims*: What You Need to Know It was supposed to be a simpler and easier alternative to invasive surgery, but transvaginal tape implants have caused a world of trouble — and transvaginal mesh claims are on the rise. Surgical mesh has commonly been used since the early 2000s for a number of urogynecologic […] The post Transvaginal Tape Claims*: What You Need to Know appeared first on McCarthy & Co....

Trans Vaginal Tape Claims

Transvaginal Tape Claims*: What You Need to Know

It was supposed to be a simpler and easier alternative to invasive surgery, but transvaginal tape implants have caused a world of trouble — and transvaginal mesh claims are on the rise.

Surgical mesh has commonly been used since the early 2000s for a number of urogynecologic procedures, such as the repair of pelvic organ prolapse and treatment of stress urinary incontinence. The implants have been regarded as a simple, less invasive alternative to traditional surgical approaches for treating these conditions that can commonly occur after childbirth. Unfortunately, they have been proving problematic and are giving rise to a growing number of transvaginal tape claims.

Transvaginal tape (TVT) implants have been widely used across Europe and in the US since their introduction almost 20 years ago. Doctors and surgeons preferred them instead of open-surgery procedures, which took longer to perform and involved a lengthier recovery period. There was also the threat of post-surgery complications. A TVT procedure, on the other hand, could be performed using keyhole surgery, with the procedure completed in a matter of minutes.

The material, which is usually made of a type of plastic called synthetic polypropylene, is implanted to reinforce the weakened vaginal wall. TVT implants are the most commonly used. Another type of mesh, known as transobturator tape (TVT-O), is also in use.

Serious TVT Problems 

Some women who have had vaginal mesh implanted have suffered organ damage and other complications. These typically include chronic pain, mesh cutting through tissue and into the vagina and being left unable to walk or have sex.

A large number of women have undergone surgery to have vaginal mesh implants removed during the past decade. Figures compiled by the NHS in the United Kingdom suggest that around one in 15 women fitted with the most common type of mesh support later require surgery to have it extracted due to complications.

While insertion involves a fairly straightforward procedure, removal is far more complicated and difficult. This is due to the fact that after it is inserted in the body, the plastic mesh becomes embedded in the surrounding tissue. As a result, full removal can require hours of surgery and can result in damage to nerves and nearby organs, including the bladder and bowel.

Making Transvaginal Tape Claims 

Unfortunately, patients who require removal of the mesh are also likely to experience more serious complications. Ethicon, which is a subsidiary of the medical product manufacturer Johnson & Johnson, produces one of the most widely used mesh products and is currently defending a class-action lawsuit relating to its product in Australia. It has also been hit by a $57.1 million award in the case of a Pennsylvania woman who suffered due to TVT.

Making transvaginal tape claims comes under medical negligence and can be difficult to prove. That’s why you need a solicitor who is highly experienced in this area of the law. They will be able to gather all the evidence you need to help make your claim succeed and expertly guide you through the entire process. We know how utterly traumatic transvaginal issues can be for any woman, and our experienced solicitors in this area will work in an understanding way and one that makes the claims process as smooth as possible.

Problems arising from TVT implants can be devastating, but getting your legal entitlement in financial compensation will help to put you firmly back on the road to recovery.

If you have been affected in any way by complications relating to vaginal mesh implants, we can discuss your case with you on a completely confidential and non-committal basis. Contact McCarthy & Co Solicitors in Dublin & Cork today and find out all you need to know.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

The post Transvaginal Tape Claims*: What You Need to Know appeared first on McCarthy & Co. Solicitors.



Injury Claims* in Ireland: All You Need to Know | McCarthy & Co Solicitors

Injury Claims* in Ireland: All You Need to Know Your essential guide to injury claims in Ireland, including how much you can expect to get in compensation. Personal injury covers many kinds of accidents and incidents — from slips in the supermarket, to incidents at work, car crashes and a lot more — and they […] The post Injury Claims* in Ireland: All You Need to Know | McCarthy & Co Solicitors appeared first on McCarthy & Co....

Injury Claims Ireland

Injury Claims* in Ireland: All You Need to Know

Your essential guide to injury claims in Ireland, including how much you can expect to get in compensation.

Personal injury covers many kinds of accidents and incidents — from slips in the supermarket, to incidents at work, car crashes and a lot more — and they can be hard to recover from as the physical and emotional impact can be devastating. Getting compensated for what happened to you won’t fix everything, but it will certainly help to get your life back together.

That is why, with personal injury claims in Ireland, it is important to know what steps to take so that you do end up with a financial award you’re happy with. Most people, understandably, are simply not aware of personal injury law in Ireland and the procedures involved to make a successful claim. Here, we present a basic outline of what to do if you find yourself seeking personal injury compensation, and you can get a free and detailed guide by following the link at the end of this blog.

Injury Claims: Don’t Say Sorry

The golden rule in any kind of accident, whether you were at fault or not, is to never admit liability (indeed, it may well be a condition of your motor insurance never to say sorry, and admitting liability may invalidate it). It means not rushing to say you caused an accident and that you were in the wrong. You may well have been, but equally, in any kind of confused situation, the other party could also be at fault.

If the other person immediately says it was their fault and tries to settle straight away, don’t agree to it. The same goes for their insurance company. If they are on to you shortly after the accident and want to make a payout, do not do anything before seeking legal advice, as the chances are you could end up with far less than you’re entitled to.

Injury Claims: Calculating Compensation

Next, you need to know what you’re dealing with and approximately how much you can expect in compensation for the kind of injury you have and its severity. Personal injury claims in Ireland have to go through the Personal Injury Assessment Board — a statutory body set up to make claiming easy and affordable — but it only has a rough guide to compensation amounts (known as the Book of Quantum) and you really need some expertise in this area.

This is where a solicitor experienced in personal injury claims in Ireland comes in. They will be able to assess your case and tell you of its chances of success, while also taking into account the broader compensation picture. This includes such vital elements as loss of earnings, pain and suffering, and medical and other expenses you’re having to pay. These can all be factored into the claim, with the aim of attaining the compensation amount you deserve.

DIY Injury Claims in Ireland?

While the Injuries Board says people making injury claims in Ireland don’t need a solicitor and can make the application themselves, the reality can often be different. Having a legal expert on your side may boost your chances of success at the Injuries Board, as they can handle every aspect of the claim for you, including making the application. But not only that: they can also deal with insurance companies. This increases your chances of getting the kind of compensation you’re expecting, or even more.

Finally, you only have two years to make a personal injuries claim in Ireland from the time of the accident — and with everything that’s involved, it can go by in a flash. If you’re going to make a claim, you need to act now and not put it off. After all of this, if the Injuries Board does not make an award that’s sufficiently high enough, your solicitor will be ready to take the case further, to court, and do their best to get you a substantial amount.

You can now download a FREE copy of our expert guide to making personal injury claims right now. If you would like to discuss making a personal injury claim in Ireland, in complete confidence, get in touch with McCarthy & Co solicitors in Dublin & Cork today. You can find out your chances of success and how much you could be given in a financial award.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

The post Injury Claims* in Ireland: All You Need to Know | McCarthy & Co Solicitors appeared first on McCarthy & Co. Solicitors.



Is a Solicitor Really Necessary for Personal Injury Claims*?

Going it alone with personal injury claims can be a tough road, so you may need some expert help along the way. Here at McCarthy & Co, we know that many people can go their entire lives without ever having to appoint a solicitor to deal with a legal problem, and that’s good. But life […] The post Is a Solicitor Really Necessary for Personal Injury Claims*? appeared first on McCarthy & Co....

help with personal injury claims

Going it alone with personal injury claims can be a tough road, so you may need some expert help along the way.

Here at McCarthy & Co, we know that many people can go their entire lives without ever having to appoint a solicitor to deal with a legal problem, and that’s good. But life can be messy and all kinds of legal issues can crop up, from the very large and troublesome to the relatively commonplace, such as with personal injury claims

As our legal practice specialises in personal injury claims (and also medical negligence), we have built up many years of expertise in this area and are always happy to share our knowledge with the public, via this blog, our guides and on social media. In Ireland, as with anywhere, personal injury claims cover a range of accidents, leaving many people wondering if they can deal with a claim themselves, or if they would be better off with a specialist solicitor.

Before you do anything, or even think about hiring a solicitor to deal with a personal injury claim, you must bear in mind that you can only make one if your injuries are the result of someone else’s negligence.  Also, you have to be quick, because there’s a time limit of two years from the date of the accident for making a claim, after which you may not be able to.

Making Personal Injury Claims

Every personal injury claim in Ireland must be made via the Personal Injuries Assessment Board. This is a body established in 2004 by the government to deal with personal injury claims in a quick and low-cost way. The idea is to make it easy for the public to make claims, avoiding the courts and all the time and expense that involves.

Also keep in mind that medical negligence is different from personal injury claims and the Injuries Board does not deal with them. If you have a potential case of medical negligence, you’ll need to go directly to a solicitor to discuss it.

Making personal injury claims to the Injuries Board can be done online. While it seems fairly straightforward, there are numerous elements to making a proper application, or it will not be accepted. This includes submitting required paperwork, such as medical reports from doctors outlining the extent of the injury and what course of treatment the person is on.

A Big Personal Injury Claims Helping Hand

A reputable personal injury claims solicitor is able to take over the entire application to the Injuries Board and ensure everything is submitted and in place, so that it is accepted and the claim proceeds. They will also know approximately how much a victim should be due in financial compensation for the type of injury they have suffered, and will do their level best to get that sum, or more, for their client. This is important, because you certainly don’t want to leave it to chance that you might get a substantial (and necessary) amount of compensation.

Appointing a solicitor to handle a personal injury claim will also be invaluable if the claim is upheld by the Injuries Board, but the financial award is not acceptable to the client because it’s too low. The solicitor will then be able to take the case to court to secure the full amount to which you’re legally entitled.

When you’re injured in an accident that you didn’t cause and are focused on recovery and getting back on the road, leaving the personal injury claims task to an expert solicitor can put your mind at ease and really pay off.

Discover more about making a personal injury claim in Ireland by contacting the expert solicitors McCarthy and Co. today. We will be pleased to discuss your case with you in detail and offer clear guidance. You can also get your own FREE copy of our guide to making personal injury claims.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

The post Is a Solicitor Really Necessary for Personal Injury Claims*? appeared first on McCarthy & Co. Solicitors.



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