Experiencing medical negligence is a distressing and often traumatic event. It can leave patients and their families feeling lost, unheard and unsure of where to turn. While the decision to take legal action is a serious one, it is often the only path to securing accountability, getting answers and obtaining the compensation needed for care and support.
At Whelan Law, we understand that this journey is about more than just money; it's about justice, transparency and a powerful commitment to improving patient safety for everyone. Drawing on our extensive experience and expertise in this area, we have outlined the key steps involved in a medical negligence claim against a hospital in Ireland.
Step 1: Seek Expert Legal Advice
The first and most crucial step is to seek advice from a solicitor specialising in medical negligence. It's important to choose a firm, such as Whelan Law, with a proven track record, a deep understanding of patient rights and a compassionate approach. An initial consultation will allow you to discuss the details of your case, and a solicitor can advise you on the legal grounds for a claim, your rights and the potential outcomes.
Step 2: Gathering Medical Records and Evidence
Your solicitor will begin the process of gathering all relevant medical records and documents. This is a critical and often complex stage. With your permission, we will liaise with the hospital and other medical professionals to ensure a complete and accurate record is obtained. We will then engage with independent medical experts to review your case and provide an expert opinion on whether medical negligence occurred and how it impacted your health.
Step 3: Navigating the Legal Process
The legal process for a medical negligence claim can be complex. Your solicitor will handle all aspects of the case on your behalf, including:
Issuing Proceedings: Preparing and issuing a civil summons against the hospital or healthcare provider.
Negotiation and Mediation: In many cases, a settlement can be reached through negotiation or mediation, avoiding a lengthy and stressful court trial.
Court Proceedings: If a settlement cannot be reached, the case may proceed to court. Your solicitor will guide you through this process, preparing evidence and representing your interests.
Step 4: The Patient Safety Act 2023
Recent legislation, such as the Patient Safety Act 2023, is designed to foster a culture of open disclosure. This Act requires healthcare providers to disclose serious incidents to patients and their families. While the Act aims to improve transparency and prevent similar errors in the future, it does not always guarantee an apology or admission of liability. We have seen first-hand that while compensation is often secured through a settlement, hospitals can still deny liability, leaving families without the emotional closure that a genuine apology can provide.
Step 5: Beyond the Compensation
While financial compensation is a primary focus of medical negligence cases, many of our clients are also motivated by a desire for answers, accountability and the hope of preventing similar harm to others. A successful claim can not only provide for a patient’s long-term care needs but can also force systemic changes and improvements in patient safety standards within the healthcare system.
At Whelan Law, we believe you deserve a legal team that fights for your rights and understands the full human impact of medical negligence. We are here to guide you through every step of the process, ensuring your voice is heard and that you receive the justice and closure you deserve.