We assist, represent and advise clients who believe that they have been the victim of a poor standard of medical care.
Medical negligence can arise for example when there has been a failure to properly diagnose an illness or condition in a timely manner, where treatment has been carried out without full patient consent or where there has been a deviation from the appropriate standard of care.
During the initial consultation we will in all cases try and secure an explanation for what happened and where appropriate, seek compensation for their *injury. We are also pleased to announce that we now offer the facility of Skype to our clients.
Please contact Stephanie Corry for further details in this regard. We will investigate the case with the benefit of expert medical opinions and meet you to discuss the outcome and whether you can bring a case.
At McMahon Goldrick Solicitors, we listen to our clients and provide them with the support and advice that they require. Our extensive experience allows us to guide our clients through the litigation process while they and their families adjust to what can often be a life changing event.
Step by step, we will be there to help and advise you.
Making a Claim
In our initial consultation we will take the details of your complaint and *injuries and take up your medical records which will be sent to an expert in the United Kingdom who will analyse them and prepare a report. With the benefit of that report, we will advise you on the strengths and weaknesses of your case and whether you have a claim.
Medical negligence cases do not have to go through the Injuries Board system but through the Courts system. If you do have a case, we will prepare a Brief for Counsel (a Barrister) to draft the legal proceedings and arrange for a consultation with you, Counsel and a member of our experienced litigation team.
Medical Negligence Compensation
Cases involving medical negligence can be complex and require a solicitor’s skill and understanding to guide you through the process of litigation.
If you bring a claim and are successful, you will be awarded compensation.
Compensation is awarded under a number of different headings which include damages for your pain and suffering, for your financial losses from the date of the *injury (e.g loss of earnings, medical expenses), and your ongoing expenses into the future.
Damages for future losses are the most complicated and require the input of various experts. Such losses can include loss of earnings into the future and ongoing nursing care.
If you are unsure whether or not you can bring a claim for compensation, seeking advice from a solicitor will, at the very least, reassure you about your legal rights.
In most medical negligence cases, the time allowed to bring a claim is two years from the date of the negligence so it is important that you do not delay in consulting a solicitor
Medical Negligence Court Costs
In the event that we undertake to take a case on your behalf or indeed to investigate as to whether you have a case, the only fee that will be requested of you is the cost of the expert’s report which is usually between €1000 – €2000.
No other fee will be requested of you and your claim will be funded by McMahon Goldrick Solicitors. No deduction is made from the client’s settlement monies at the conclusion of any successful claim, save for any small shortfalls that may be due to experts that have been retained on your behalf and which have not been recovered from the Defendant.
In the event that a settlement offer has been made to include costs (this is unusual), McMahon Goldrick Solicitors will advise the client as to what those costs are prior to any settlement being concluded so that the client makes a fully informed decision in relation to their settlement
Going to court
When the case goes to Court, you will be represented by Senior Counsel, Junior Counsel as well as one of the members of McMahon Goldrick Solicitors experienced litigation team.
Your Counsel will lead you through your evidence in Court. When this has been completed, the Defendant’s Counsel will cross examine your evidence. The Judge may also have some questions. After completion of your evidence, the evidence of any other witnesses will be taken in the same way.
When all witnesses have been heard, Counsel for each side will make any relevant points noted to the Court and the Judge will make his/her decision. The case may be adjourned on occasion to allow the Judge time to make his/her decision. When the Judge delivers a decision, if he/she decides in your favour, he/she will make an award of damages as compensation.
Either party may Appeal the Decision of the Court. An Appeal can be brought against the Judgement on Liability (whether the Defendant was to blame) or on the amount of the Award. There are strict timeframes and procedures for Appeals.