When a client first comes to us with a medical negligence claim, they have already gone through a difficult time and need proper advice and support to discuss the process.
The burden of proof in a negligence claim is high and the decision to take a legal claim for medical negligence cannot be taken lightly. We will ensure you have a proper chance of success before advising you to begin a claim for medical negligence.
The first step is to meet with your solicitor and explain the circumstances surrounding your treatment. Your solicitor will look to obtain your medical records. Your medical records are a crucial part of any medical negligence claim. They will set out your complaints, the treatment given, records of medication, scans, xrays, discussions during your treatment, the personnel involved etc.
Some clients will already have obtained medical records before they approach their solicitor to speed matters up. You are full entitled to access copies of your medical records once you cover the cost of producing copies.
Once your solicitor has your medical records, they will look to have these professionally examined by a medical expert. This expert will provide an opinion as to whether the standard of care you received during your treatment fell below what is deemed to be acceptable in Ireland. As the medical community in Ireland is very small, we often deal with a doctor from England or Northern Ireland who does not know the treating doctor here. It is the opinion of this medical expert that will determine whether you have a medical negligence claim.
If the expert opinion shows that there is a strong case for medical negligence, the clients instructions are taken as to whether to proceed.</p><p>Proceedings will then be prepared which will set out the details of your claim. These will then be served on your medical practitioner/ hospital and most likely their insurance company or state claims agency who are the persons who will actually deal with the claim.
If there is a clear case of negligence, the insurers will likely push to settle early to avoid costs however if it is not clear or if an admission of fault is not given, more detail regarding your claim will usually be sought. They will then provide a defence to the proceedings and the matter will proceed to court.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.
*First published May 15, 2013
Personal Injuries Claim*
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.
If you would like to discuss a personal injury matter please contact us to discuss further:
Cosgrove Gaynard Solicitors, 22 Fitzwilliam Place, Dublin 2.
Phone: 01 234 0044
or complete our online assessment form.