Medical negligence litigation is what results when two parties in a medical negligence dispute cannot resolve a disagreement between themselves over the liability for a medical incident, or fail to settle on a suitable amount of compensation for the plaintiff.
More commonly, a decision on medical negligence litigation is made in a court of law where arguments are put forward by representatives of the plaintiff and the defendant – usually a solicitor for the person who has been a victim of medical negligence and the medical practitioner´s insurance company.
Medical negligence litigation can arise in many, many circumstances, and is not only applicable to doctors working in a hospital. Medical negligence litigation can be used to settle disputes between patients and other practitioners of medicine such as dentists, opticians, psychiatrists, midwives and physiotherapists.
Medical practitioners in all these occupations have a “duty of care” towards their patients to ensure they receive proper treatment in the correct manner, and if they neglect this duty of care, the patient has cause to claim for medical negligence.
Compensation Claims and Medical Negligence Litigation
Medicine is a complex area where opinions tend to differ, and it is not always straightforward to ascertain liability and to what degree. Medical negligence litigation is a means to bring an argument or dispute to a close and determine whether the medical practitioner has indeed been negligent in their duties and, if so, how much compensation should be paid to their patient. Sometimes there is not even a dispute over liability, and the only decision that needs to be reached in medical negligence litigation is the amount of compensation to be awarded.
Fortunately, medical negligence litigation is rarely required as parties can usually agree on a fair and appropriate amount of compensation before taking the issue to court. However, for patients who have been the victims of medical negligence, the whole process can be confusing and stressful. This is one of the reasons that prompted us to open a free advice telephone service.
We appreciate that pursuing a claim for compensation that may end in medical negligence litigation is a frightening prospect for many people who may have only seen the phrase before in the newspapers. Therefore, you are welcome to call our free advice service and speak with a solicitor who can offer helpful and accurate advice about what is involved, and help you decide if it is a process that you would wish to pursue.
The call and advice service are completely free and without obligation and all calls are treated with the strictest confidence. Call us now on 1800 989 850 or if you cannot speak now please fill in the form on the left and we will call you back.
Our Service Includes:
- 100% Free, practical and helpful advice
- 100% One-to-one counsel with an experienced solicitor
- 100% Information is given in clear English
- 100% Complete confidentiality assured
What You Can Expect
We like to feel that we are able to break down the barriers between the judicial system and the common man. Our friendly and understanding solicitors know that you have been through a traumatic experience and, when you call, will simply want to know what happened, when it happened and how it happened.
We will try to ascertain as quickly as we can if there is a claim for compensation that it is worth your while to pursue, clearly explain the process to you and give you some indication of how long we believe it would take to resolve your case – without the need for medical negligence litigation if at all possible.
If you decide to proceed with a claim for compensation, we will start preparing a case on your behalf and keep you informed every step of the way about how the case is progressing and what you should expect to happen in the future.
Medical negligence litigation is a necessary aspect of Irish law, however we try to use it as little as possible and hope to reach a fair and adequate settlement of your compensation before the case reaches the courts. If you would like to find out more about the process and the benefits of using one of our solicitors to represent you, please do not hesitate to get in touch.
Our free advice service line on 1800 989 850 is open between the hours of 8.00am and 10.00pm, or you are welcome to leave your contact details in the call-back box below and one of our team will get back in touch.