We work closely with clients, both businesses and individuals, to resolve matters through arbitration, alternative dispute resolution or the courts. We represent our clients in the District Court, Circuit Court and the High Court.

Our Litigation services include providing advice and guidance on : 

• Personal injury claims*
• Clinical Negligence*
• Medical Negligence*
• Accidents and Assaults in the Workplace*
• Alternative Dispute Resolution (ADR) methods, including arbitration, mediation or conciliation
• Seeking and obtaining redress in all commercial disputes
• Contract disputes and their resolution should they arise between parties
• Debt recovery options and mechanisms, All aspects of insurance litigation
• Provision of representation and counsel for those facing criminal charges before the courts.

Assaults on Nurses and other Healthcare Professionals.

In Kavanagh and Co Solicitors we have extensive knowledge in the area of personal injury claims arising from workplace assaults and other workplace related injuries.

Unfortunately, Nurses and other healthcare professionals can be exposed to service users who are at high risk of assaulting. In our experience many of our clients become desensitised to assaults and in some cases seem to accept assaults as an occupational hazard.

Working in high risk environments does not mean that employees should accept being assaulted.

If you do suffer personal injuries as a result of a workplace assault then you may be entitled to compensation. It is possible for employees to take an action to achieve compensation against their employers who will have employer’s liability insurance in place.

In our experience assaults are more likely to occur where there is a breach of health and safety legislation and poor practices e.g. low staff to service user ratios, panic buttons not operational, failure to carry out or update risk assessments etc.

Has the employer failed to provide you, the employee, with a safe place to work? If so and if you are assaulted then you potentially have a personal injuries claim seeking compensation.

Employers should have strict policies and procedures in place for assessment of risk and implementation of systems to avoid or reduce identified risks. They also have an obligation to train staff on polices and procedures on health and safety and risk.

If you have been assaulted I would advise that you :

1.      Seek the attention of medics and follow their advices.

2.      Make sure an incident report form is completed with as much detail as possible.

3.      Contact your local Union Representative.

4.      Prepare a statement outlining all events pre, post and during the assault in conjunction with your Union Representative.

5.      If any of your colleagues were present ask them to prepare a witness statement.

6.      Make a formal request to your employer for a copy of the CCTV footage of the assault, if available.

7.      Request a copy of your personnel file from your employer.

8.      Keep a full diary of all contact with Management post the assault.

9.      Request a copy of all policies that the Employer had in place as at date of the assault.

10.  Seek legal advices and start the claim process.

11.  Ascertain if you are entitled to the benefits of the scheme known as the Insurance Based Scheme for Nurses Working in the Mental Health Services

12.  Ascertain if you can benefit from the Serious Physical Assault Scheme and liaise with your Union Representative in relation thereto. The scheme provides full pay based on the earnings you would have earned if still at work and working your normal roster, including basic pay, allowances and premium earnings for a period of up to 6 months for officer grades and 3 months for general support staff. The scheme also includes a number of special extensions for nurses where, if after medical assessment, a return to work is not envisaged within the initial period of cover, the benefits under the scheme may be extended for further periods. It is essential to review the Serious Physical Assault Scheme Handbook for all of the particulars of the Scheme.

Why choose Kavanagh & Co Solicitors?

The Principal of the Practice is the Solicitor for the PNA. This together with her private client cases has led to her being involved in a wide range of cases in the Healthcare Arena.

Kirsty Kavanagh has a Diploma in Healthcare Law and has an extensive knowledge in the are of Mental Health and Intellectual Disability.

Kirsty Kavanagh has also represented Nurses and Midwives in cases before the NMBI.

Kirsty Kavanagh has direct access to Expert Witness to are experienced in preparing Court Reports on the Nursing Profession and Assaults in the Workplace.

Kirsty Kavanagh will only accept instructions on cases which are viable. We turn away many cases when we are of the opinion that liability is insurmountable. Why? We are a reputation focussed Practice. We do not want clients to be involved in cumbersome lengthy legal processes if they do not have a good possibility of succeeding.

The team in Kavanagh & Co are committed to high quality legal work that is delivered with a balance of objectivity and compassion. 

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

To discuss any aspect of our Litigation services or speak with one of our experienced solicitors, please contact us.