When putting in a claim for medical negligence, there are three main steps a patient should follow to elevate their chances of receiving compensation.
Step 1: Contact a solicitor:
As the topic of medical negligence is complex when it comes to Irish law, it is always advisable to enlist the help of a legal professional.
Submitting claims through a solicitor will ensure all bases are covered and no steps are missed. It is important to also note, choosing to neglect a solicitor’s advice could slow down the processing of your claim.
A solicitor’s help can ensure you are aware of your medical negligence time limit claim.
Step 2: Obtain medical records:
Potentially the most important step in the process, a patient will need these documents to prove medical negligence exists in their case.
Once obtained, a solicitor will have the records assessed by an independent medical expert to establish cause.
Step 3 Letter of claim:
Once the independent medical expert has confirmed that medical negligence is present in the case, then your solicitor will write up a letter of claim to the medical practitioner who mis-treated the patient.
The document will outline the nature of the case and further invites the medical practitioner to settle straight away.
The next steps will depend on the response to the letter of claim and it will determine whether the case will be seen in court or settled outside of court.
Step 4: Begin court proceedings, if necessary
An extremely small percentage of these case will make their way into court as most medical negligence cases are settled before they get anywhere close.
However, if a case does end up going to court, a solicitor will begin proceedings by filing the appropriate court papers.
This process must begin within two years of making the claim so as to abide by the statute of limitations.