4 minute read
Even when someone suspects something has gone seriously wrong with their medical treatment, many people in Ireland hesitate to take legal action.
Starting, or even discussing, a medical negligence claim can feel daunting, especially when it involves questioning the care received from doctors, nurses and other healthcare professionals.
Our clinical negligence team understands these concerns. In this article, we share some of the most common reasons people delay or avoid bringing a claim and some important points to consider if you’re in that position.
It’s normal to feel conflicted. You may be grateful for the care you or a loved one received, especially if staff were kind and supportive. People often worry that claiming for medical negligence will be seen as unfair or disloyal, particularly if the issue involved a public hospital or busy emergency department.
But recognising where something went wrong doesn’t take away from the effort of frontline staff. Medical negligence claims aren’t about blame, they’re about accountability, understanding what happened and making sure others aren’t affected in the same way.
We explored the idea of clinical negligence litigation being used as a diagnostic tool in a recent article. To read it, visit: The wider societal impact of medical negligence litigation.
Many people worry that going up against the HSE is a massive, intimidating task. The idea of challenging a State body with its own legal team and complex procedures can put people off entirely.
But in reality, you’re not alone. A solicitor with experience in medical negligence claims will deal directly with the HSE on your behalf. It’s our job to handle the legal side of things and support you through each step.
Your role is to tell your story, not to navigate the system on your own.
Understandably, people are often worried about how much it will cost to bring a claim. Medical negligence claims can involve expert medical reports and detailed investigations, which may sound expensive.
However, there are a range of funding options and we will explain them clearly at the start. In certain circumstances, legal aid may also be available.
Some people feel too overwhelmed to speak to a solicitor. After a traumatic experience, contacting a law firm may be the last thing on your mind. Others worry it’s been too long since the incident and they’ve missed the chance to claim.
In Ireland, the time limit for initiating a medical negligence claim is generally two years from the date of the injury or from the date you became aware of it. In the case of children, the clock doesn’t start until they turn 18. Either way, it’s best to get early advice. A short conversation can clarify your options and take the pressure off.
Clients sometimes ask whether their case will be made public. In most situations, medical negligence cases are resolved confidentially. Unless a case goes to court and there’s media interest, your name and details are unlikely to be published.
If privacy is a concern, we can talk through what to expect in more detail.
If you’re worried about bringing a medical negligence claim, you’re not the only one. We often speak to people who are unsure whether they’re “allowed” to raise concerns, or whether what happened to them was serious enough to take further.
You don’t need to have all the answers before speaking to us. If something feels wrong, we’re here to listen and advise without pressure, obligation or judgement.
If you have questions about a possible claim, Contact Us to speak with a solicitor. Or visit Medical Negligence Claims to learn more about out services.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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