In Ireland, it can be shocking to learn that a loved one has suffered an incurable injury or ill-health as a result of medical negligence. Medical errors can happen in any hospital or nursing home, and they are often accidental such as a slip of the hand during surgery or misdiagnosis.
Therefore, the cases of medical negligence claims are increasing nowadays.
It is essential to have a clear concept of medical negligence claims to protect the health and lives of our great people.
The main objective behind this article is to create awareness among the patients, their relatives, health care providers, and medical professionals about medical negligence claims.
It also has given tips to its readers on how to choose the best medical negligence solicitors in Dublin and the common ways in which they operate.
Why it is important to know about medical negligence?
If you think that your loved one has suffered an injury or ill-health as a result of medical negligence, then it is required to gain the proper knowledge about medical negligence claims.
Definition and meaning:
Medical negligence is a situation where a health care provider has made an error while treating you that has resulted in injury or illness.
It can be either the result of lack of knowledge, skill, and training; or it could also be due to medical staff’s recklessness, ignorance, and drunkenness, or any other willing or unwilling mistake.
What involves medical negligence?
Medical negligence involves a long series of actions that may eventually lead to a devastating result. You should know about the more common ones such as the following:
• Inadequate diagnosis
• Prescribing the wrong medication
• Over-prescription of drugs or pain killers
• Wrong surgery or organ removal, which results in severe disability or even death.
• Wrong treatment (like incorrect usage of a machine)
• Unprofessional behavior towards the patient, such as rudeness and inappropriate gestures.
• Lack of care or attention in general (for example, a doctor that does not notice a patient who is refusing food), etc.
What are the stages of a medical negligence claim?
After a medical negligence incident has occurred, it is required to get the help of medical negligence solicitors. They will guide you through different stages as follows:
• Claim Form and Statement of claim:
The claimant must first contact Medical Negligence Solicitors who must fill up a claim form that contains basic details about the patient (such as name, address, date of birth, or age).
Then they should also submit the statement on why their client believes that he/she was harmed due to medical treatment. It may include all information from the process until today.
• Discharge Summary:
If patients have undergone surgery or had any sort of operation done by doctors then they are provided with a discharge summary so that they can make a better decision for themselves.
• Statement of Defense:
Normally, the doctors or surgeons give a response to the claim form and statement of claim within 14 days. If they disagree on any point from the client’s side, they will reply back to them by giving their own statement.
The solicitors will prepare all necessary documents required within weeks so that they could serve them during the trial period. When all sides are ready with their statements of defense then trial begins.
• Expert Witness Testimony:
During the process of hearing testimony, both parties decide whether an expert witness should be called upon or not; if not then that particular side must agree to pay for the other party’s witnesses’ fees and expenses.
After hearing all the expert witness testimonies and evidence then both parties present their points in front of a judge or jury. The verdict is given after listening to it carefully by the legal counsels from either side. If the plaintiff wins, he/she will get proper compensation for his injuries and suffering as well as repairing his/her physical facilities such as vision loss due to wrong surgery performed on them. On the other hand, if the defendant wins then the claimant must pay him off for any expenses that he has done while defending himself during trial period.
• Appeal Process:
If anyone thinks that they have not heard an appropriate verdict from a court regarding medical negligence case, then they have every right to appeal their case. Mediation is a process where both parties sit together to resolve the issues and come up with a just verdict that will help them move forward and get over this unfortunate event.
After winning your case, then you are entitled to receive compensation for all damages or losses including emotional distress, loss of earnings/income, pain suffering, disablement, etc.
Should I contact a medical negligence lawyer for my issue?
It is always suggested to contact a medical negligence lawyer for your issue if you have been harmed due to medical treatment.
A judge or jury will definitely give you justice but it is not easy to pursue the case on your own without any support from legal counsel. A good solicitor can help you figure out all details and prepare necessary documents that are required during court hearings so that they may make an effective trial. The process of obtaining compensation after such mishaps is much easier when you use the services of these lawyers as they know how to shape up a strong case against them with solid evidence.
A good solicitor should be able to defend you in court as well as get compensation for all losses and damages.
How to find out a good medical negligence solicitor in Dublin?
Finding a good solicitor or law firm is not difficult. The best way is to ask for recommendations from close friends, family members, and colleagues who have experienced something like this before or someone who has used the services of a medical negligence lawyer in Ireland recently.
There are certain things you must consider before hiring one:
• Experience / Background:
It is very important that you should choose a medical negligence lawyer who has a successful career history with several years of experience in this field so that he/she can handle your case effectively with proper knowledge.
The information provided on their website including their past achievements will give you the idea of whether they will be able to solve all legal issues properly or not!
They must have years of experience with plenty of case study records and ideas regarding your issue that will help them win your case. If their solution does not seem helpful or effective then they should just inform you about that fact without any hesitation.
• Surf on the internet :
There are plenty of law firms that provide their services online. You can find a solicitor by visiting the websites of various law firms and search for medical negligence lawyers in Dublin on Google, Yahoo, Bing, or any other popular search engine to view the portfolio.
It will be really helpful if you can check out some testimonials regarding their career history so that you can understand more regarding how they operate in court as well as whether they have won cases like yours in the past or not! If possible read reviews & testimonials from previous clients which will also give you a fair idea about what kind of lawyers they are.
The best way to judge a good firm is to get recommendations from family members, colleagues, and friends that have used their services before. If they are satisfied with the solution then you can start thinking about hiring them for your case but if they do not provide proper evidence or offer unsatisfactory results, then it might be better to look for another law firm.
• Office Location:
Another very important thing is to ask yourself whether you want a solicitor who is located in your city/country or overseas?
It may be more beneficial as most experienced solicitors and law firms will prefer dealing with clients from their city which will also help them gather solid details regarding the incident much easily rather than those who live in other countries where it may not be easy to get information about witnesses and other related persons and companies.
How we can help you?
We are a team of professional medical negligence solicitors in Dublin, Leinster. Our solicitors have extensive experience in handling various kinds of medical negligence cases. You can contact our medical solicitors in Dublin for help regarding your legal requirements. We also provide services like business advice, family law-related issues, and Immigration law support.
Once you fill up the online form with detailed information about your case, we will get in touch with you within 24 hours so that we can discuss your issue properly before our lawyers take over the case from there to prepare a solid case study as well as winning strategies to win the court hearing against those hospitals or doctors.
Information provided by our clients is strictly confidential and will be used only for purposes of finding out ways for presenting your case better during hearings or meetings with your solicitor.