Medical negligence claims * can occur under different circumstances. Some examples of medical negligence include:
Medical practitioners that may be attributed to the negligence of various injuries and illnesses are listed below and include:
Maurice Leahy Wade Solicitors look after the legal side of things while our client looks after themselves and focuses on getting better. When making a medical negligence claim * it is advisable to have a medical negligence solicitor * assist you throughout the claim process * .
Medical negligence * is a very complex topic in Irish Law and attempting to proceed alone without the help of a solicitor may result in you missing some crucial steps. A clinical negligence solicitor * can take control of legal proceedings while you focus on recovery. Your Solicitor can then guide you through the next steps to ensure that the claim procedure * runs as smoothly as possible for you.
The solicitor dealing with your medical negligence claim * will look for information in relation to your case. It is important to have relevant medical records when looking to prove that medical negligence has occurred *.
This will assist you and your medical experts in establishing negligence.
Your medical negligence solicitor * will put forward that an independent medical expert in the relevant area of expertise to review your medical records. This is to attempt to determine whether you have indeed been subject to substandard medical care and medical negligence *. Your injuries/illness will also be assessed to determine if they could have been avoided.
If there is a positive report from the medical expert your solicitor will then draft a letter of claim and send it to the relevant people involved. A letter of claim outlines the nature of your medical negligence * and invites the medical practitioners at fault to settle your claim.
The next steps involved will heavily depend on the nature of your claim and the response to your claims letter.
This will determine whether your claim is brought to a court hearing or settled outside of court. Your solicitor will be in a position to advise on the best course of action once medical negligence * is confirmed and a letter of claim is sent to the relevant parties.
If you believe that you have suffered because of medical negligence *, either by way of an injury or the worsening or deterioration of a pre-existing condition, you may be entitled to a medical negligence claim *. For your claim to be viable, generally, the injury or illness would have to have been ‘avoidable’ if the proper level of medical care had been administered.
To establish negligence, your solicitor will request an independent medical expert to review the medical records. This third party will analyse your case, medical records and actions of the doctor and prepare a report on the standard of care afforded to you under the medical practitioner’s care and if that standard fell below that expected.
For more information or to find out if you qualify for a medical negligence claim, call our medical negligence solicitors * on 01 840 6505 or email reception@leahywade.ie to tell us about your case.
For medical neglect claims * it is two years less a day following the date of the incident or 2 years less a day following the date that a person found out that their illness or injuries were a result of medical negligence *.
In an unfortunate incident where a child is subject to medical negligence *, the process of making a claim differed from that of an adult. A minor can bring a claim forward in the first two years following their 18th birthday. However in these cases where possible these cases should be brought by the child’s parent or guardian.
