Making a Medical Negligence Claim
In Ireland, the process of making a medical negligence claim differs with that of making a personal injury claim. This is because, personal injury claims are first presented to the Injuries Board for assessment prior to being presented in a court of law. On the other hand, medical negligence claims are presented directly to the court and are not subject to assessment by the Personal Injuries Board. If you believe that you have been subjected to medical negligence or malpractice, take the following steps to ensure that you file a success medical negligence claim.
- Note down the time and date the incident occurred and as much information about the type of procedure or care you received.
- Gather and maintain all the medical records relating to the particular incident.
- In case you sustained visible injuries, take a photo.
- Gather any other relevant information about the medical procedure or care that was not offered correctly.
- Contact a good medical negligence solicitor Dublin.
Contacting a medical negligence solicitor
If you decide to make a medical negligence claim, it is advisable to work with an experienced medical negligence solicitor Dublin who assists you throughout the claims process. Medical negligence solicitors take care of all the paper work and hassle of filing and flowing the legal proceedings as their clients focus on achieving full recovery. Note that, medical negligence is a complex legal topic and attempting to file a claim without legal council may result in missing some crucial steps. A solicitor will help by ensuring that the process runs smoothly and you receive the compensation you deserve.
When seeking to prove before a court of law that indeed medical negligence occurred, you must have relevant and supporting medial documents that state the type of medical procedure or care that was offered. Your solicitor will request to access your medical records and review them to develop a strong claim proving that indeed the medical negligence occurred and affected you adversely. Note that, your medical negligence solicitor Dublin may recommend an examination by an independent expert in the area of interest in a bid to establish that you were subjected to medical negligence or sub-standard medical care. The injuries or illness you may have sustained as a result of medical negligence will be examined to determine whether or not it could have been avoided if the care giver was more cautious.
Letter of claim
Your medical negligence solicitor will draft a letter of claim addressed to the involved parties. It should state the nature of the medical negligence that occurred and invite the involved parties to settle the claim. The response to your claim letter and the nature of your medical negligence claim will determine how the other steps unfold.
Based on the reply from the involved medical practitioners, the claim can be settled either in court or out of court. The medical practitioners can refute the claim and choose to contest it in a court of law, or accept the claim and opt for an out of court settlement. However, once the medical negligence is confirmed by a medical expert, your medical negligence solicitor will advise you on the best cause of action.