INSTRUCTING A MEDICAL NEGLIGENCE SOLICITOR FOR A MEDICAL NEGLIGENCE CLAIM
Our team of medical negligence solicitors have over 45 years’ experience litigating these cases.
Medical negligence claims involve injuries that have arisen as a result of poor medical care and treatment. For example, it can involve a mismanagement of medication, delayed treatment, an incorrect interpretation of test results, inappropriate surgical or medical procedure technique etc.
By their very nature, medical negligence claims are complex as they require the Plaintiff’s solicitor to have a full understanding of the medical issues at hand. The Plaintiff’s solicitor is required to read through all the available medical records to note any important issues. General practice solicitors may not have the appropriate skill set to interpret the medical records and radiology and subsequently instruct the relevant medical professionals to prepare expert reports.
For this reason, we recommend you choose a specialist medical negligence solicitor. It is very important that the solicitor you choose to handle your claim understands the circumstances of how your injury* arose and how it is likely to affect your life moving into the future.
At McMahon Goldrick Solicitors, we have significant experience in medical negligence claims. We work with you and your family to fully understand your injury* and your needs. We know the necessary experts to instruct to ensure that your claim is properly and completely valued.
WHAT IS MEDICAL NEGLIGENCE*?
In Ireland, the true test for establishing negligence* in diagnosis or treatment on the part of a medical practitioner is whether he or she has been proved to be guilty of such failures as no medical practitioner of equal specialist or general status and skill would be guilty of, if acting with ordinary care.
However, in a claim involving medical negligence*, it is not sufficient to show that negligence existed. It must also be shown that, on the balance of probabilities, the negligence caused the specific injury in question.
Catastrophic injuries* as a result of medical negligence*
Medical negligence can be a factor in a cases involving birth injury, spinal injury and brain injury.
Cases can arise where life-changing injuries result from:
- Inappropriate surgical or medical procedure technique
- Delayed treatment
- Failure in diagnosis
- Mismanagement of medication
- Not providing patients with accurate information, or not involving them properly in decision-making around their own care.
- In addition, non-traumatic brain injuries that occur as a result of illness or a condition within the body can occur as a result of medical negligence.
Maternal birth injuries*
Maternal birth injuries are injuries sustained by a mother as a result of childbirth. The type and severity of the injury depends on the circumstances of the birth, including whether the birth was natural, instrumental or caesarean section delivery. If the injury arises as a result of the negligent mismanagement of the pregnancy, labour and/or delivery, the mother may have a medical negligence claim against her healthcare provider and/or hospital.
Common examples of maternal injury include:
- Vaginal and perineal tears
- Fissures
- Incorrect suturing (stitching) following an episiotomy or caesarean section
- Neurological complications as a result of epidural or spinal anaesthesia
- Nervous shock
HOW TO BRING A CLAIM
Read more below about the steps that are involved in bringing the following claims:
- Spinal injury claim
- Birth injury claim
- Brain injury claim
1. Instruct a solicitor:
You should get in touch a specialist solicitor who will take your instructions (details of the injury, timing of the injury, medical history etc.). They will then advise if it might be worthwhile pursuing a claim for compensation. It is important to note that an adult claimant only has 2 years less 1 day from the date of injury to issue proceedings in court (there are some limited exceptions to this).
2. Liability & causation report(s):
Your solicitor will obtain at least one medical expert report to establish whether the injury arose as a result of the hospital’s or medical care provider’s negligence. The speciality of the medical expert will depend on the nature of the injury. You may require multiple reports from a range of doctors before negligence can be established.
3. Issue court proceedings:
Once your solicitors have obtained at least one supportive liability and causation report, they can issue court proceedings. Proceedings for catastrophic medical negligence claims are typically issued in the High Court.
Contact Us
Looking for help? Call us on 01 6770044 or email us at info@rmcm.ie
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any settlement.
