1. Discuss Your Case With a Medical Negligence Solicitor
The first step is to speak with a medical negligence solicitor who can assess the circumstances of your case. You will generally be asked to provide details about your treatment, the injury or condition you experienced, and the healthcare professionals or facilities involved.
Your solicitor will consider whether there may be grounds for a medical negligence case in Ireland and explain the potential legal process to you.
2. Obtaining Your Medical Records
Medical records are an important part of most medical negligence claims. Your solicitor will usually request relevant records on your behalf, which can include hospital notes, GP records, test results, scans, prescriptions and correspondence relating to your treatment.
These documents can help establish what treatment you received and provide important evidence when investigating your claim.
3. Obtaining Independent Medical Evidence
Medical negligence cases generally require specialist medical evidence. An independent medical expert may review your medical records and provide an opinion on whether the treatment you received met the appropriate standard.
The expert may also consider whether any alleged negligence caused your injury and what the likely consequences may be for your future health.
This evidence can be particularly important in establishing both medical negligence liability and the extent of any resulting injury.
4. Establishing Liability
To pursue a medical negligence claim, it is generally necessary to establish that the healthcare provider owed you a duty of care, that the appropriate standard of care was not met, and that this failure caused or contributed to your injury.
Every case is different. A poor medical outcome does not necessarily mean that medical negligence occurred. This is why obtaining appropriate legal and medical advice is important before deciding how to proceed.
5. Making a Claim
Once the available evidence has been reviewed, your solicitor can advise you about the appropriate next steps. This may involve correspondence with the healthcare provider or their insurers and setting out the basis of the claim.
In some cases, the matter may be resolved through negotiation or settlement. In other circumstances, it may be necessary to commence court proceedings.
6. Assessing Medical Negligence Compensation
If liability is established, the value of a medical negligence compensation claim will depend on the circumstances of the individual case. Factors may include the nature and severity of the injury, pain and suffering, medical expenses, loss of earnings and any future financial or care needs.
The aim is to assess the losses arising from the injury rather than simply applying a standard figure to every claim.
7. Settlement or Court Proceedings
A medical negligence claim may be resolved through negotiations, including mediation or a settlement meeting, or by way of a court trial.
Your solicitor will guide you through the process, explain the available options and help you understand the evidence and legal issues involved.
Speak to Kerrigan Solicitors
If you believe you have suffered an injury as a result of negligent medical treatment, obtaining legal advice at an early stage can help you understand your options. Kerrigan Solicitors can advise on the circumstances of your potential medical negligence claim, the evidence required and the steps involved in pursuing your case.
Contact us now for further advice at 091 820630, by email at m.kerrigan@kerrigansolicitors.ie or visit our website at kerrigansolicitors.ie.
We meet with clients throughout Ireland, including in counties such as Galway, Limerick, Clare and Mayo.