We find clients have a number of common question when it comes to bringing a medical negligence claim. Below you will a selection of the most commonly asked questions:
Medical negligence is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. There are a number of ways that medical negligence can happen, such as misdiagnosis, incorrect treatment or surgical mistakes.
A medical negligence case can be taken by anyone who feels they have suffered an injury as a result of their treatment. If that treatment was performed negligently, you may be entitled to compensation.
The time limits for bringing a medical negligence case is more complex than in general personal injury cases. The time limit is usually two years from the date of the injury or from when you first became aware of the injury. It is important to take advice on a potential medical negligence case as early as possible to allow for the preparation of the case before any proceedings are issued. Speak to our experienced medical negligence team now for expert guidance on the law governing medical and dental negligence cases.
Our experienced solicitors at Sherwin O’Riordan LLP will advice you on this complex area of the law.
To successfully bring a compensation claim for medical negligence it has to be determined that the treatment that you received was not of the required standard and that this caused your injury.
Contact a Solicitor
The first step in making a medical negligence claim is to seek the assistance of a solicitor who specialises in this area of law who will provide support and guidance and help determine if you have suffered due to the negligence of a healthcare provider.
It will be necessary for you to take up a copy of all medical records from your GP and any hospitals you have attended. Based on the medical expert’s opinion, your solicitor will prepare a medical report that details the extent of your injuries and the impact they have had on your life. This report will be used as evidence in your case.
Access your damages & Claims Letter
Expert consultants will help access your damages and your Solicitor will draft a letter of claim addressed to the involved parties. Special damages might include loss of earnings, both past and future, lost pension, the costs of care that you might need if you are severely injured, adaptations to your property to take account any loss of mobility, equipment, medical treatment and therapies, and any other financial losses which can be attributed to the negligence.
Your solicitor will then begin the process of settlement negotiations. Based on the reply from the involved medical practitioners, the claim can be settled either in court or out of court.
It is impossible to say that any particular case will resolve without the necessity of a court hearing. Every case is prepared on the basis that it is proceeding to a full trial however there may be an opportunity for mediation or settlement out of court.
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