To bring a medical negligence case, you must prove that the injuries you have suffered would not have occurred if the treatment you received had not been substandard, as defined by law.
To prove this, you must have all relevant medical records and documentation relating to your case. Such records will enable your medical expert to demonstrate the negligence of your treatment.
1. Speak with a Solicitor
If you feel the medical treatment you were afforded during your pregnancy resulted in an injury to you or your baby; you may be entitled to claim compensation. However, bear in mind that medical negligence is a complex topic in Irish law. As such, it is highly recommended that you speak with a medical negligence specialist solicitor to discuss your case. They will ensure all the required details are taken care of and that your claims procedure is not delayed.
2. Medical Records
Next, the medical negligence specialist solicitor will request access to your medical records. They will do this to establish whether the injuries were caused as a result of the malpractice of the medical professional who oversaw your prenatal care, pregnancy, delivery or aftercare.
An independent medical expert will then assess your medical records. This expert will help determine whether the medical practitioner provided substandard medical care and whether the outcome could have been avoided had they been performed by a competent doctor.
3. Letter of Claim
Finally, your solicitor will draft a Letter of Claim to the medical practitioner who treated you and your baby. This letter is standard in medical negligence cases and will outline the nature of your case. The Letter of Claim will also invite your medical practitioner to settle your case. Their response to the letter will determine whether your case will be settled outside of court or is brought to a judge.