Am I eligible for a medical negligence claim?
If you think you have endured medical malpractice, possibly due to an injury or making a previous condition worse, you could be eligible for remuneration. As a general rule, to establish the validity of a claim, the injury or illness must have been ‘avoidable’ if adequate medical care was given. The following circumstances must be prover, for a medical negligence claim to be eligible:
- The existence of doctor-patient relationship
- Proof that the medical professional was negligent during practice
In order to prove this, your solicitor will build your case to show that you had a patient-physician relationship during the time of your injury. In addition to proving the eligibility of this claim the prescriptions and other records, you will need to show invoices from the doctor who you claim was negligent.
In order to prove that your doctor was negligent, your solicitor will hire an independent medical expert. It is the third party’s responsibility to analyze your case, medical records, and the doctor’s actions in order to determine whether the injury was caused by the doctor’s negligence ‘more likely than not’. They will determine whether you have been subject to sub-standard medical care. Their response will either confirm or deny that they could have avoided your injury or illness if they had carried out the procedure.
To find out if you qualify for a medical negligence claim, contact us to tell us more about your case.
How do I make a medical negligence claim?
Having gathered all the necessary information regarding your injury, you can then move forward with your claim. Using a specialist medical negligence solicitor to file your claim is very important.
Discuss with a Solicitor about your Medical Negligence Claim
When you feel that you were not treated appropriately by a medical professional, resulting in injury as a result of a medical professional’s actions or inactions, you need to consult a medical negligence solicitor immediately following the incident. Filing for a medical negligence claim is a complex topic in the Irish Law. And to bring forward this claim it is best to discuss with a medical negligence solicitor before hand. So that the medical negligence solicitor can ensure that no important detail is missed throughout the legal process. Your claim procedure may be delayed if you file it without consulting a solicitor first. The time limit associated with your medical negligence claim can be determined with the help of a solicitor.
Obtaining all relevant medical records before filing for a claim
A medical negligence claim must be established and proven that the injury sustained was caused by the doctor or medical staff tasked with providing your medical care. Consequently, your solicitor will request access to your medical records after speaking with you about your case. At this stage of your claim, the solicitor will have a third party medical expert assess your medical records. Following this way, we’ll be able to determine whether your surgeon or medical staff provided substandard medical care and if negligence caused the injury. If the appropriate level of medical care had been followed, your injuries/outcome might have been avoided.
Letter of Claim
Your solicitor will draft a Letter of Claim if the independent medical expert concludes that medical malpractice has occurred. The purpose of a Letter of Claim is to outline the nature of your case and to invite the medical practitioner to settle it. Your case and response to your Letter of Claim will determine whether your case will be brought to court or settled out of court in the next steps. Every step of the legal process your solicitor will be with you to guide you through it.
Dedicated medical negligence lawyers at Gibson and Associates LLP have years of experience handling traumatic medical injury cases. We are aware of the injuries you have sustained, both physically and emotionally, and have supported and assisted many people in similar situations in pursuing medical negligence claims in Ireland.