A medical negligence solicitor specialises in securing compensation for people who have suffered harm as a result of substandard medical care. But the role extends far beyond simply filing a claim, it encompasses guiding clients through what is often one of the most difficult and distressing experiences of their lives.
At PBN Litigation medical negligence solicitors, we like to think that not only do we have enough experience to make your compensation claim, but we also know how to listen to you and be your advisor along the way.
What exactly is a medical negligence solicitor?
The role of a solicitor in making a medical negligence claim is to take the steps necessary to make it a successful one. A medical negligence solicitor may wear many hats when dealing with a claim, but they will always be a solicitor from day one.
The role of a medical negligence solicitor can be:
What is the role of a solicitor in making a medical negligence claim?
Yes, you can claim for slipping on an icy path. When you are out of pocket, recovering from a painful injury and unable to care for yourself, then you should have a compensation claim*.
Personal injury claims* in Ireland are often for slips on icy footpaths. Employees claim for a slip on an icy path when heading into work at the office, and pedestrians often claim for a fall on ice when going from the bus to the shops.
Property owners have a duty of care and should maintain footpaths during the cold months by:
Taking on a case is always the primary role of the solicitor. When the victim of medical negligence is looking for a solicitor, their first step is to sit down with a good one.
The good medical negligence solicitor will meet with the client and listen to what happened to them. The solicitor will work with the client to determine if there is a probable case of medical negligence and decide if they can assist them in making a claim.
Establishing the facts is another crucial role for the medical negligence solicitor. The client may believe they have experienced negligence in their medical care, but the solicitor must discover if and where the clinical negligence happened.
A solicitor will investigate the claim and establish the facts. To do this, they will:
- Request your medical records
- Get a full account of what happened from you
- Get an independent medical opinion on the extent of your injuries
- Get a report on the impact on your life
- Get a breakdown of the costs involved
Only once the solicitor has the facts and can see a clear path to making a successful medical negligence claim will they move on to the next role in the process.
Making a claim on behalf of a client is when the solicitor takes on the role of doing the legal work, the work for which they have been trained and do so well.
The solicitor will compile all the facts, outline what actually happened, and submit a claim for medical negligence compensation against the professional responsible.
It may be the HSE in the case of a public hospital doctor, and the medical negligence claim is made to the State Claims Agency.
When claiming against a private consultant, the solicitor brings the claim against the insurance provider or the owners of the clinic where the consultant works.
Prepping clients is another vital role of the medical negligence solicitor.
The solicitor will represent the client if making the compensation claim to the State Claims Agency. An experienced solicitor knows the workings of the SCA and how to make the most of the process.
When making a claim against a private medical provider, the solicitor sits down with their insurance company and works out the best case for the client.
Private insurance companies and, indeed, the SCA can be tricky customers, but the solicitor will have their clients back throughout the process.
Accepting compensation is one of those roles that takes judgement and the experience of years.
An early offer of compensation may be tempting, but it is often not the right one, though the opposing party’s solicitor may argue otherwise.
The solicitor will know what level to expect for the medical negligence and when to take an offer on the table.
If the offer is not a good one and the other side refuses to budge, then going to court may be the only option.
Going to court is usually the last option on the table, but a good medical negligence solicitor will not flinch from pulling the trigger if necessary.
Often, the other side thinks they can bully the person making a claim into taking a low-ball offer, but their solicitor will not be bullied and will be prepared to go to court.
The solicitor will be with the client when taking the other side to court and can arrange all that is needed for a successful claim.
Most medical negligence cases in Ireland are settled before going to court, and even those that do are often settled on the steps of the High Court before the case begins.
Can you make a medical negligence claim on your own?
Yes, you can make a medical negligence claim on your own in Ireland, but in fairness, it is not really recommended.
A medical negligence solicitor has the training, the knowledge, and the crucial experience to make a successful claim. They will know the expert witnesses to call, how to prove a claim, and how to calculate damages.
There is a saying that the one who represents themselves in legal matters has a fool for a client. It can be very true in medical negligence when you need to know exactly what to claim for and who to make the claim against.
You may think you are saving yourself by not having to pay fees, but in most cases, the losing party has to pay the costs, and by having a solicitor representing you, you are only increasing your chances of winning a claim.
While you can make your own medical negligence claim, it is not recommended.
Make a medical negligence claim today
Make a medical negligence today by contacting PBN Litigation Solicitors in Dublin.
You are the one who suffered a breach of duty of care by the medical professional. You are the one who had to suffer unnecessary pain and discomfort and whose life could be in danger.
The experience of PBN Litigation Solicitors with all types of medical negligence can help you get the most from a compensation claim.
Contact PBN Litigation Solicitors today and let us make your medical negligence compensation claim.
