Claiming medical negligence compensation in Ireland can be a long and complicated process. Although the Injuries Board Ireland was set up to speed up the process of claiming compensation for personal injuries in Ireland, claims for medical negligence compensation in Ireland do not fall under their jurisdiction. Any claim for compensation which is based on professional opinion is not dealt with through the Injuries Board Ireland and must be decided by the Irish courts.
If you have suffered an injury which you believe was caused by the action or inaction of a medical professional, in order to claim medical negligence compensation in Ireland you must be able to prove that “on the balance of probabilities” a mistake was made which has resulted in you being caused harm. Medical negligence compensation in Ireland can only be awarded through negotiation or the Irish courts if it can be demonstrated that your suffering could have been avoided had another competent medical professional treated you.
Substantiating Medical Negligence Compensation Claims in Ireland
Most victims of medical negligence in Ireland will not have sufficient knowledge of medicine to be able to prove that medical negligence has caused an injury, a deterioration of a condition, or for harm to otherwise be caused. It is therefore necessary when claiming medical negligence compensation in Ireland to seek the professional medical opinion of specialist doctors and medical experts. They will be able to assess how a doctor or medical professional has acted, and whether the course of action undertaken by a doctor fell below an acceptable standard of care.
Medical experts must also be used to help prove that if an alternative treatment was provided, and that the circumstances called for it to be prescribed, that injuries to a patient could have been avoided. Since there is not always just one single method of treatment which can be prescribed by a doctor, simply receiving an unconventional treatment plan may not amount to medical negligence. It is only when a course of action taken by a medical professional is deemed to have been due to poor professional performance, and that treatment has caused a patient harm, that claiming medical negligence compensation in Ireland will be possible.
Medical Negligence Compensation in Ireland and Court Litigation
Medical negligence compensation claims which are not resolved by negotiation must go through the Irish courts: however out of court medical negligence compensation settlements are commonly offered by insurance companies in Ireland. When liability for medical negligence is accepted, or when the volume of evidence against a medical professional is strong, the insurance company of the respondent may decide that it is in their best interests to attempt to settle the claim and thus avoid paying increased legal expenses and the court costs incurred by litigation.
Particularly strong cases for medical negligence compensation in Ireland may result in an insurance company offering a settlement even before legal advice has been sought by the victim. Such offers of compensation are usually speculative, and are an attempt by the insurance company to reduce losses and increase profits. Initial offers made by insurance companies are often low, and rarely reflect the seriousness of the injuries which have been sustained. They are unlikely to factor in all aspects of an injury, such as how it will affect the quality of life of the victim, and should be referred to a specialist medical negligence solicitor.
Claiming Medical Negligence Compensation in Ireland Requires Professional Legal Representation
Due to the complex nature of medical negligence compensation claims in Ireland, it is strongly advisable to seek legal advice from a specialist medical negligence claims solicitor as soon as you suspect that you have been a victim of medical negligence or clinical malpractice.
The early involvement of a medical negligence solicitor in a claim for medical negligence compensation in Ireland will help to speed up the claims process, and should result in compensation being awarded more quickly.
Free Legal Advice about Medical Negligence Compensation in Ireland
For impartial and accurate legal advice about claiming medical negligence compensation in Ireland, we invite you to call our free medical negligence claims helpline. You will be able to speak directly with a personal injury solicitor with experience in claims for medical negligence compensation in Ireland, and will be able to get a free assessment of a potential claim for medical negligence compensation.
All calls to our helpline are free of charge, free from obligation, and you will not be pressured into making a claim for compensation. You will have the opportunity to ask questions about the legal process, and will find out what you need to do next in order to claim medical negligence compensation in Ireland.
If it is not convenient to call straight away, please complete our contact form below and one of our team of solicitors will call you back at the requested time.