A question we are often asked in the O’Brien & Company Solicitors office is what to do following medical negligence? Our first answer to the question is to seek medical help or opinion.

You might be ill following medical negligence, and you could need emergency medical care, or you may need to see your GP for medical treatment.

If you have been a victim of medical negligence or think medical negligence happened, then you may have a compensation claim.

At O’Brien & Company Solicitors in Dublin, we have put together a step-by-step guide on what to do following medical negligence.

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Did you suffer medical negligence?

Before you do anything, you must first determine that you suffered medical negligence due to a lack of professional care by a medical professional.

It is probably not medical negligence if the GP misses the signs of a cold, but it could be medical negligence if they missed the symptoms of pneumonia, giving you a possible missed diagnosis claim.

To establish medical negligence, you must show:

  • The medical professional owed you a duty of care
  • There was a breach of the duty of care by the medical professional
  • The breach of duty of care caused you harm
  • You suffered losses, damages, due to the harm from a breach of duty of care

If you can show there was possible medical negligence, such as the A&E doctor misdiagnosed your heart issue as indigestion, then you may have a compensation claim.

O’Brien & Company medical negligence solicitors in Dublin can look at your case and see if you have a valid claim of medical negligence.

What to do if you have a case of medical negligence

If you have a case of medical negligence, you can follow our easy steps to see if you have a valid claim for medical negligence.

Steps to take following medical negligence:

Your first step should be to get medical care following any negligence in your treatment.

You may need to see your GP, attend A&E for emergency treatment, or see a hospital consultant.

A second, expert medical opinion is crucial to establishing a claim for medical negligence.

Contacting a medical negligence solicitor is the next step and is the best way to put your mind at rest when starting a compensation claim.

O’Brien & Company Solicitors will listen to the details of your medical negligence claim and show you how you may get the compensation you deserve.

Every medical negligence claim is unique. Your life may have been in danger, and you could still be suffering the effects of the negligence on your life.

Our solicitors can build your case based on your experience, and we will take the time needed to get everything right for you.

You should meet with a medical expert to establish the facts around your claim of medical negligence.

The expert will have experience in medical negligence and can be very good at seeing a timeline and how you may have been injured.

You start your compensation claim process with your solicitor by getting the facts and evidence together and ready for submission.

The solicitor will tell you what evidence they need, including your medical records, the notes from the time of the negligence and all the other details relevant to your claim.

We have medical experts to call upon to help form your claim and can advise on the different aspects of the medical negligence and its possible effects on your life.

When your solicitor is satisfied that they have all that is needed, they can submit your compensation claim to the negligent party.

Submitting the claim to the State Claims Agency is the next step in the medical negligence claims process.

The State Claims Agency, through the Clinical Indemnity Scheme, handles all claims against the HSE up to a maximum of €60,000.

The solicitor lays out the details of your claim, explaining the effects of the medical negligence, how it has impacted your life, and how it will affect your life in the future.

In a case of medical negligence in Ireland against a private medical care provider, your solicitor will contact the insurers of the negligent party.

Going to court may be the next step when the HSE or the private medical care provider denies responsibility for your claim, or you feel you should receive more in compensation.

If a medical negligence claim exceeds €60,000, you may need to go to court.

In Ireland, court proceedings for medical negligence are rare but not unheard of in many claims. Your O’Brien & Company solicitor will be prepared for the need to go to court.

Your solicitor in these claims may look to gather further evidence to support your medical negligence compensation claim, which makes it even more difficult for the negligent party to deny responsibility.

We find that a medical negligence claim is often settled in the days before the court case or even on the steps of the court on the morning of the claim. The negligent party hopes you will back down and be intimidated by going to court, but O’Brien & Company Solicitors will be there for you.

O’Brien & Company Solicitors will be by your side throughout the claims process and can advise you on what money to expect and when to settle or continue the fight.

What evidence do I need when making a medical negligence claim?

Evidence is what every solicitor wants to see when you bring a medical negligence claim to them, and the more of it, the better for you.

Good evidence is crucial to making a medical negligence claim work. Your solicitor will know what is worth using and what you may also need. Don’t worry about giving the solicitor too much paperwork; there is no such thing in a solicitor’s office.

The evidence you should have for a medical negligence solicitor:

  • Medical report on your injury due to medical negligence
  • A written account by you of what happened to you
  • A second opinion on what happened to you was medical negligence
  • A second opinion on the extent of the medical negligence injury
  • HSE report on what happened to cause the medical negligence
  • CCTV footage, if available
  • A report from the medical professional involved
  • A report from the nursing staff on duty
  • Financial reports on your costs and losses
  • Receipts for all medical treatment
  • Out-of-pocket expenses receipts
  • Impact of the medical negligence on your work
  • Impact of the medical negligence on your ability to care for yourself
  • Impact of the medical negligence on your family

If you do not have much evidence before speaking with a medical negligence expert, that is ok too. A good solicitor will tell you what they need and where you can get it.

Working with a solicitor from day one will make for a successful compensation claim.

Make a medical negligence claim today

Make a medical negligence claim today by contacting O’Brien & Company Solicitors in Dublin.

We have the experience in medical negligence and can fight your claim until you get the compensation you deserve.

O’Brien & Company Solicitors have the team in place to make a compensation claim and will be with you at every step of the claims process.

Contact O’Brien & Company medical negligence solicitors to make your medical negligence claim today

Medical Negligence FAQs

Yes, you can make a claim against the HSE for medical negligence. The HSE has responsibility for the care of all patients, both in the hospital and as outpatients, and for any medical negligence in your treatment.

The State Claims Agency can handle your claim for medical negligence through your solicitor.

O’Brien & Company Solicitors has the experience of working with the State Claims Agency.

You do not need a solicitor to make a medical negligence claim, but the right solicitor will make the compensation claim process a lot easier for you.

The right medical negligence solicitor will know how to make the claim. They will know what evidence you need and how to present it.

A good medical negligence solicitor will also know what questions to ask you when getting an idea of your losses due to medical negligence.

No, you do not have to go to court with a medical negligence claim in Ireland. There are cases when the claim goes to court, but O’Brien & Company Solicitors will be there for you.

The negligent party, usually the HSE, hopes you will back down and be intimidated by going to court.

In many cases, we find that a medical negligence claim is settled in the days before the court case, or even on the steps of the court on the morning of the claim.

The time limits for making a medical negligence claim in Ireland are two years from the date of the injury due to a breach of duty of care by the HSE.

There is a ‘date of discovery’ clause in Ireland, where if you only recently discovered there was medical negligence in your care, you may still be able to claim after the two-year time limit.

A medical negligence claim in Ireland can take at least 18 months to two years, if not longer, depending on the evidence you can provide.

The HSE will fight a claim, but it is easier to settle a claim if you have plenty of evidence.

Often, the HSE will fight a claim until you are on the point of giving up, but with O’Brien & Company Solicitors at your side, you can get compensation for the medical negligence.