The medical negligence claims process in Dublin and Ireland
5 minute read
The prospect of initiating a medical negligence claim can be daunting. This is an understandable reaction given how complex these types of cases can be. By understanding the basics of the process and the importance of choosing the right solicitor, hopefully, you will be less apprehensive about exploring the prospect of claiming if you need to.
Establish if you think medical negligence occurred
The first step in pursuing a medical negligence claim is determining for yourself if you believe you have suffered due to the negligence of a healthcare provider.
Your gut instinct is a surprisingly good indicator. If you suffered injuries and you feel that your healthcare provider acted in a manner they shouldn’t have, it’s worth speaking with an expert. Another indicator is if your experience was shared by others. For example, you might meet someone who has suffered similarly in the past or learn of a recent discovery of systemic or widespread medical negligence from social media or the local news.
Contact a medical negligence solicitor in Ireland
If you suspect that medical negligence has occurred, it’s important to speak with a medical negligence solicitor as soon as possible. They will be able to assess your case and determine whether medical negligence is likely to have occurred.
Unless you were a child at the time, the statute of limitations in medical negligence claim is two years less a day from the date you were aware of an injury. So don’t delay!
A medical negligence solicitor will be able to guide you through the process of making a claim and ensure that your rights are protected. Augustus Cullen Law are widely recognised as a leading clinical negligence firm in Ireland. We have been successful in several important landmark cases and take pride in the results we achieved for our clients.
If you require advice, contact us today.
1. Initiate a medical negligence claim
Your solicitor will begin the process of initiating a claim. This will typically involve gathering all relevant evidence and drafting a formal letter of claim to the relevant healthcare provider. The healthcare provider will then have a period to respond to the claim. They may admit or deny liability.
2. Your medical files will be reviewed
Your medical records will be obtained and carefully reviewed by your solicitor. This can be a difficult process, as it requires a thorough understanding of medical procedures and protocols. However, an experienced clinical negligence solicitor is well equipped for this important step in the process.
Your medical files will also be reviewed by the healthcare provider and their legal team. The healthcare provider’s legal team will be looking for evidence that contradicts your claim.
3. Expert consultants will help assess your damages
As part of the medical negligence claims process, you may be required to undergo an assessment by one or more expert consultants. This will usually be a medical expert, who will assess the extent of your injuries and the impact they have had on your life. This expert will also provide an opinion on the cause of your injuries and whether the healthcare provider’s actions were negligent. You and your circumstances might also be assessed by other types of experts such as an occupational health therapist.
4. Settlement negotiations if possible
If the healthcare provider admits liability, your medical negligence solicitor will begin the process of settlement negotiations. This is an opportunity for both sides to agree on a settlement amount that is fair and reasonable for both parties. If a settlement is reached, the case will conclude.
5. Your case will go to hearing if a settlement was not possible
If settlement negotiations are not successful, your case will go to trial. This can be a lengthy and stressful process, but it’s important to remember that your medical negligence solicitor will be there to guide you through every step. The trial will be held in front of a judge who will decide on the outcome of your case.
6. Moving on
Once your medical negligence claim has been resolved, whether through settlement or trial, it’s important to move on with your life as best you can. You will have received the compensation that you are entitled to and you can now begin to focus on your recovery and rebuilding your life.
You can also take some solace in that your action put a spotlight on an inadequacy in the healthcare system that can now be resolved in order to protect others.
We are medical negligence claims experts based in Dublin, Wicklow & Wexford
Whilst the medical negligence claims process can be a long and difficult journey, with the help of an experienced medical negligence solicitor, you will be able to get the justice you deserve.
If you believe you have suffered as a result of medical negligence, contact us for confidential chat with an experienced expert. Or, you can visit Medical Negligence Claims to learn more about our services and why we’re the best firm for you.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.