Medical Negligence Claims Solicitors, Dublin & Ireland

If the medical negligence claim is successful, the compensation amount that will be awarded is calculated by looking at things such as the level of harm caused and recovery time, if recovery is possible at all.

A patient may also receive special damages that will cover the costs of things such as ongoing care, assistive technologies and loss of earnings.

The more significant the harm and the extent to which special damages are required, the higher the level that the compensation will be. Expert reports serving as evidence assist in determining the precise amount of compensation sought.

It is often possible to resolve a medical negligence claim as many are settled during mediation and do not reach Court. Should your case fall within the minority that do require a Court date, you can rest assured that our team is highly experienced and will be prepared to the highest level.

Yes. You have a two-year window from the date of the medical negligence to begin legal proceedings.

However, there are certain circumstances that may alter the start date, such as:

• If you were a minor at the time of the medical negligence, the time limit begins on your 18th birthday.
• If you were not immediately aware of your injuries or they took a while to develop.
• You were incapacitated. For example, you were in a coma.
• You lacked the capacity to manage your affairs.

It is important to note that the two-year window applies to beginning legal proceedings, not the moment you contact a solicitor. Remember to give your solicitor enough time to issue proceedings.

To learn more about time limits and exceptions, visit: How long do I have to make a medical negligence claim?

Once your solicitor begins legal proceedings, there is no set time frame for resolving the case. However, prolonged delays are not in the best interest of any party involved and our legal team will work to resolve the case as efficiently as possible.

The amount in compensation depends on your unique set of circumstances.

Medical negligence compensation for your pain & suffering

If the medical negligence claim is successful, the compensation amount that will be awarded is calculated by looking at things such as the level of harm caused and recovery time, if recovery is possible at all.

Medical negligence special damages

You may also receive special damages that will cover the costs of things such as ongoing care, assistive technologies and loss of earnings.

The quantum of a medical negligence claim in Ireland

In Irish law, quantum is the assessment of the value of a claim, and the extent of the injuries and losses sustained. The greater the severity of the harm and the need for special damages, the higher the compensation will be if successful.

If urgent financial support is needed for expenses such as medical treatment and rehabilitation, interim payments can be requested early or during the claims process, allowing the patient to access essential care more swiftly.

In a medical negligence case, the losing party is usually responsible for covering the costs.

In medical negligence litigation, the general rule is that the losing party covers the legal costs of the winning party. This typically applies even when a case is settled out of court, including cases settled without an admission of liability. If the case goes to court, it is usually expected that the court will order the losing side to pay the legal costs of the winner.

At Augustus Cullen Law, we provide an initial consultation to evaluate whether you may have a valid medical negligence claim. However, to accurately determine if medical negligence has occurred, a medical expert’s report is required.

We will ensure you are aware of your options and likelihood of success before you make a decision on how to proceed.

We are strictly prohibited by Ireland’s legal regulator from advertising No Win No Fee claims, so we are unable to publicly confirm if this is one of the case funding options we provide.

However, we can discuss the funding options available to you during your initial in-person or telephone consultation.

To learn more, you can refer to our guide: ‘No Win No Fee’ in Ireland explained.

The duration of a case can varies. Generally, the time it takes from instruction to settlement or hearing depends on the complexity of the matter. In most cases, a straightforward claim will be resolved more quickly than a more complex one.

Be aware, it can and often does take several years to conclude a medical negligence case

Medical negligence cases are often complex and can take several years to resolve, depending on the severity of the injuries and the number of reports needed to advance the claim.

Although this may sound frustrating, it is crucial for a medical negligence solicitor to consider various factors to ensure the injured person achieves the best possible standard of living in the long term.