What is involved in a Medical Negligence claim *

Cosgrove Gaynard Solicitors

At the very start, it is important that you or your solicitor obtains a copy of your medical records relating to the treatment which you complain of as soon as possible.

What is involved in a Medical Negligence claim  *

At the very start, it is important that you or your solicitor obtains a copy of your medical records relating to the treatment which you complain of as soon as possible.

Your solicitor will need these medical records in order to obtain an opinion from an independent medical expert as to whether the treatment you received was below the normal standard of care.

Because the Irish medical field is small, your solicitor will usually seek an expert independent medical opinion outside of Ireland. This can result in opinions being quite expensive varying from a couple of hundred to a couple of thousand. While this is an expense at the very beginning of the case it is better to sustain the cost of an independent expert report and find out that you have no case at an early stage than to find out that you have no case when you have proceeded to trial and lost incurred substantial legal costs.

To succeed in a medical negligence * case a plaintiff must establish all four elements of the tort of negligence for a successful medical negligence claim* which are:

  1. A duty of care was owed. An immediate duty is owed whenever a medical practitioner undertakes care or treatment of a patient.

  2. That duty of care was breached. The medical practitioner must be shown to have failed to conform to the relevant standard care.

  3. The breach of duty of care caused an injury to the plaintiff

  4. Damages. Without damages there is no basis for a claim, regardless of whether the medical provider was negligent.

Once all four of the above are present a medical negligence case is established.

As soon as you believe that you may have a medical negligence claim *, you should contact us to discuss whether you have a viable case.  Many persons who were the victims of medical negligence have delayed pursuing a claim or contacting their solicitors and therefore were unable to pursue valid claims because their claims have become statute barred. It can take some time to obtain a full copy of medical records however this does not stop the two year timeframe within which you must bring a medical negligence case, from running.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

All news
Making a Claim in Ireland for a Road Traffic Accident Abroad While on Holiday

Suffering a road traffic accident abroad can be a traumatic experience—made even more stressful by the legal complexities that follow. For Irish residents who have been injured in a road accident while on holiday outside Ireland, it is possible to bring a claim in Ireland without having to travel abroad or use lawyers abroad, in certain circumstances. The key issue is jurisdiction, which refers to whether Irish courts have the legal authority to hear your case. Under EU regulations and international private law, if the at-fault driver or their insurer has a presence in Ireland or is domiciled in an EU member state, you may be able to bring your claim in the Irish courts.

Text Link
Why You Need a Property Solicitor in Ireland: A Complete Guide for Buyers and Sellers

Buying or selling property in Ireland? Discover why hiring a property solicitor is essential for a smooth, legal, and stress-free transaction. Get expert tips today.

Text Link
E-Scooter Accident Claims in Ireland: What You Need to Know

As electric scooters (e-scooters) become more popular across Ireland, particularly in cities like Dublin, Cork, and Galway, the number of e-scooter accidents is also rising. Whether you're a rider, pedestrian, or driver involved in an incident with an e-scooter, understanding your legal rights is crucial. This guide explains e-scooter accident claims in Ireland, including who can make a claim, the process involved, and how compensation is calculated.

Text Link
Personal injury using Airplane Steps

Folding airplane steps may seem like a routine part of airport operations, but they carry serious risks if not properly managed. Negligence in their maintenance or deployment can lead to injuries and legal liability for a personal injury claim for compensation for these injuries under the Montreal convention. We have been involved in a number of cases against airlines where stairs were found to be faulty, negligent, not fit for purpose or used in the incorrect manner or weather. The cases we have listed illustrate that injuries on folding airplane steps can qualify as "accidents" under the Montreal Convention, depending on factors like the condition of the steps, the airline's adherence to safety protocols, and the circumstances surrounding the incident.

Text Link
Compensation After a Hit and Run in Ireland

Being involved in a road traffic accident is a traumatic experience, but when the driver responsible flees the scene, the emotional and financial toll can be even greater. In Ireland, there is a legal pathway for victims to seek compensation—even when the offending driver is untraceable.

Text Link
Injury on Airplane Steps: Can You Make a Claim in Ireland?

If you've suffered an injury while boarding or disembarking from an aircraft via steps, you may be entitled to compensation under Irish law and international treaties like the Montreal Convention.This guide breaks down your rights, the claims process, and what to do if you’ve been injured on airplane steps in or around Ireland.

Text Link