4 Easy Steps to File a Medical Negligence Claim in Ireland
In Irish law, every citizen is duty-bound to care for one another. Any injury resulting from our actions makes us liable for negligence. There is no exception for doctors and medical professionals either.
However, when filing a claim for medical negligence, it should be proven that the caregiver chose a course of action that any other qualified professional would have avoided. It should be established as the reason behind the injury. Only then will a court accept the claim. However, before things appear in front of a judge, here are four steps you must follow.
- Find a solicitor.
The first step to take while filing a claim for medical negligence is finding a suitable and qualified solicitor. If you don’t wish to hire one just yet, you should at least seek advice from a legal professional and their opinions on your case. They will guide you through the next steps while informing you of the statute of limitations (2 years in most cases) if needed.
- Obtaining a medical opinion.
In Ireland, it is necessary to prove that a healthcare professional has committed medical malpractice. Therefore, the next step in filing a claim for medical negligence is getting an expert’s opinion. It can be a retired doctor. Most solicitors take care of this step because this is the foundation of your claim.
- Assessing liability and claim.
Once an expert determines that medical malpractice did happen in a hospital, the next step is assessing the claim to estimate the losses and compensation. This includes a detailed study of the incident’s effect on you and the expenses or losses you had to incur for medical reports, treatment, etc.
- Filing relevant court papers.
When a strong case has been established, the next step is filing the relevant court papers with the details of the claim for medical negligence. The process after this can take months, or even years, of battle in the court. However, the defendant can opt for a settlement at any time.
When it comes to a claim for medical negligence, a substantial liability should be proved first. You must take immediate action when you discover the injury from the medical treatment. The ideal window of time for filing is within the first two years of the day you were aware of the injury.
These four steps can help solidify your claim so that you get the compensation you deserve.
