MEDICAL NEGLIGENCE LEGAL PROCESS
The complexity of medical negligence injury claims means that they are primarily dealt with by way of legal action in the courts. Our team of expert medical negligence solicitors are sympathetic to how daunting and fearful the prospect of legal action can be – that’s why we’ll work at a pace you are comfortable with in a sensitive, relaxed and transparent way.
STEP 1 – TALK TO US
Although the process will be somewhat different for every case, your first step will always be to seek legal advice by calling our experienced team of medical negligence solicitors. With offices based in the heart of Dublin 7, our first step will be to sit down and listen to your story.
STEP 2 – ACCESSING MEDICAL RECORDS
Generally speaking, the second step in the process will be to obtain your medical records and to study them in detail. Your medical records are a crucial part of any claim you may have as they’re the only official record of what happened to you and who was involved.
STEP 3 – OBTAINING EXPERT REPORTS
To help build your case, the next step is to use your medical records to obtain the professional opinion and expert reports from specialist doctors practising in the same field. They may be in a position to let us know if the standard of care you received fell below the accepted standard. If necessary, we may also decide to obtain the professional opinion and advice from a medical expert in another country.
Others we frequently engage are experts in nursing, psychiatrists, psychologists and occupational therapists. We may also choose to engage a financial expert who will be able calculate the financial loss that may arise from your inability to work.
STEP 4 – DECISION TO PROCEED
We will use all of these records and accompanying expert opinion to decide whether or not you have a valid claim with a good chance of success. If it is decided that you do have a valid claim, likely to succeed, we will be there to listen, advise and support you with whatever decision you take. We’ll explain exactly what’s involved, how long it should take and the amount of injury compensation you should expect.
We understand that the decision to initiate legal action can be quite intimidating, but you will be doing so in knowledge that we will be there to represent and guide you through process – every step of the way. We will fight for a just and fair outcome no matter how difficult or complex your case.
STEP 5 – COURT PROCEEDINGS
If you decide to proceed, we will prepare and file the relevant court papers, setting out details of your claim. If it is obvious that there was medical negligence and the other side accepts this, they may be anxious to settle the case there and then.
Although the process may take longer if the other side does not admit liability, it is worth mentioning that the majority of our medical negligence cases are settled without ever going to trial.