How do I make a claim?
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence* solicitor to help you with this.
Speak with a solicitor
If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor* following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your birth injury time limit claim.
Obtain medical records
In order to make a claim*, it must be established and proven that the injury sustained was caused by the medical negligence* of the doctor or medical staff tasked with either your prenatal care, pregnancy, delivery and/or aftercare. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence* was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.
Letter of Claim
If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.
At Tracey Solicitors, our dedicated birth and gynaecological injury solicitors* have years of experience in helping parents deal with traumatic birth injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims* in Ireland over the past 30 years.
For more information and a confidential discussion on your birth or gynaecological injury claim, phone 01 649 9900 or email firstname.lastname@example.org to tell us about your case, where you can speak with a member of our team straight away.