Your First Steps To Making A Claim For Medical Negligence

If you think a hospital or healthcare provider has failed in its duty of care towards you and you are contemplating a legal remedy, it is important seek legal advice early.

A considerable amount of legal and medical investigation needs to be completed before proceedings can be commenced. However, the commencement of such proceedings are covered by strict time limits known as limitation periods.

The Role of a Solicitor in Medical Negligence Cases

Medical negligence cases rely on the evidence of qualified experts.

For example, if you wish bring a case arising from unsatisfactory orthopedic surgery you will require the evidence and support in the case of a specialist in providing orthopedic care. You cannot commence a case without securing such evidence and seeking these reports can take a long time - during which the clock is ticking on the limitation period.

Initial Consultation
When you first meet with your solicitor you should provide a background to your concerns. Initially they will discuss with you the process involved in bringing a medical negligence case and will arrange to take up a copy your medical records. However, they will not be able to advise when you first meet them whether or not you have a reasonable case.  

Generally, people have a statutory entitlement to their medical records. Such records will include scans and x-rays, medical surgical, and nursing notes, medical correspondence and test results although it can take many months to secure copies of your records - all the while, time continues to pass.

Medical Records Analyst
Once your medical records are available your solicitor will often ask for them to be reviewed by a medical records analyst. Medical records analysts will sort the records, ensure nothing is missing and prepare a chronology and narrative of the records. This process will allow the solicitor and the client to understand what is in the records and ensure they comply with the client’s recollection of events. If they don’t, this is usually noted in a detailed statement that the solicitor will take from the client.

Expert Evidence
The next step in the process is seeking the appropriate expert evidence. Your solicitor will usually identify a suitably qualified expert (or a number of experts) to review the records, client statement, chronology and narrative.  It is this medical expert who will provide an opinion as to whether or not the case has merit. Only when armed with an opinion that the care provided was negligent may Court proceedings be commenced.

Medical Negligence Summons
This whole process can take many months and time continues to run against the claimant until such time as a Medical Negligence Summons is filed in the High Court Office.

If you feel you have been subjected to medical negligence and would like to explore this further with a solicitor to understand the options available to you, please contact Martin O'Carroll, a partner in our Litigation department.