When seeking medical help, patients trust their doctors to deliver the best care, but unfortunately, the quality of care can often fall short and cause harm to patients. This breach of duty of care is known as medical negligence and is prevalent in many parts of the world, including Dublin. When a patient is a victim of medical negligence, they may be entitled to compensation, but initiating a claim can feel daunting, given the complexity of such cases. This is why it’s essential to first go through the basics of this process to understand them and be more confident to take the necessary steps and ensure your claim is successful.
What constitutes medical negligence?
It can be challenging to prove that your medical professional was negligent to the point that a legal process is necessary. In general, medical negligence happens when the patient suffered significant injuries, the medical staff did their job in a way that didn’t fall under the profession’s standard of care, and that error is to blame for the injury in question. Some of the medical errors that show medical negligence can include the following:
- Improper surgery anesthesia;
- Childbirth problems;
- Missing a cancer diagnosis;
- Undiagnosed conditions;
- Medication prescription mistakes;
- Post-surgical negligence, etc.
What are the steps to take when making a claim for medical negligence in Dublin?
When pursuing a medical negligence claim, you want to begin by establishing whether you have suffered an injury due to your healthcare provider. More often than not, your gut instinct is a good indicator to this end, so if you feel that your doctor acted in a way they shouldn’t have, it may be worth learning about your legal rights and the next steps you should take. If you discover that someone else shared a similar experience, that could also indicate that you are a victim of medical negligence. Once you have established that your experience with your healthcare providers falls under medical negligence, it’s time to get in touch with a team of experienced medical negligence solicitors as soon as you can, as they will look at your case and help you figure out what you should do next. They will guide you through this complex legal process, ensuring your rights will always be protected at every step.
Your solicitor will initiate a claim, which involves collecting all the relevant evidence and writing a formal claim letter to the medical professional, who will have a specific period to respond to the claim and could either admit or deny liability. The solicitor will obtain and review your medical records carefully, and the legal team of your healthcare provider will also examine it and look for evidence to contradict your claim. While the process can be challenging on its own, requiring a detailed comprehension of medical protocols and procedures, a skilled medical negligence solicitor will know how to handle everything, and they will act in your best interest so that your claim is successful. As part of the claims process, a medical expert may need to evaluate the extent of your injuries and how they impacted your life, providing an opinion on whether your doctor’s actions were negligent. Other types of experts may also need to assess your circumstances, such as an occupational health therapist. Suppose the healthcare provider admits liability; in this case, your solicitor will start settlement negotiations so that both sides can agree on a fair amount for both parties. The case will conclude only if the parties reach a settlement; however, if a settlement isn’t successful, your solicitor will decide that your case will go to trial. This can be a stressful process, but with a medical negligence solicitor by your side, it will be easier to navigate the legal complexities of your claim, as they will guide you through all the steps. The trial will occur in front of a judge who will have the final word on the outcome of your case.
Moving on with your life after resolving the medical negligence claim
Once the legal process ends and your claim is successful (whether through trial or settlement), you can focus on gradually rebuilding your life. It will likely not be easy to get used to the new circumstances, but to move on with your life, you must accept the reality of what has happened and recognize its massive impact on your life. This by no means implies that you approve of what happened, but rather, it’s about understanding that there’s no way you can change anything, and the only thing you can do is try your best to do what it takes to move forward, whether this means redefining your routine, seeking new hobbies or finding new ways to pursue the things you love.
Prioritizing your wellbeing is essential when looking to rebuild your life after a medical negligence incident, so try to exercise regularly, opt for a balanced diet, and practice good sleep hygiene – these self-care practices will make a huge difference in your recovery, improving your health status. However, don’t forget that your emotional health also matters, so if you have a hard time dealing with the trauma and anxiety related to the experience, don’t hesitate to seek the help of a therapist. Also, joining a support group can be healing because it gives you a safe space to share your experience openly and be met with empathy and understanding.
The bottom line
Being a victim of medical negligence can be very distressing, but you don’t have to go through this difficult process on your own. Instead, you can seek the help of an experienced medical negligence solicitor who will help you get the justice you deserve. This way, you won’t have to worry about not understanding the complicated legal concepts, and instead, put your energy into your recovery and taking care of yourself. Given that there’s a time limit on how long you can claim for medical negligence, we recommend taking action as soon as possible to discuss the nature of your injury with a legal expert and determine your eligibility to claim compensation.
