How is compensation calculated?
Compensation falls under two headings- general damages and special damages. General damages refers to compensation for pain and suffering- both past and future. General damages are decided by reference to the Personal Injury Guidelines. Patients injured due to medical negligence are also entitled to recover out of pocket expenses they are caused, or will be caused, to incur as a direct result of that negligence. It is important that you instruct a solicitor who is familiar with complex medical negligence cases to ensure that all appropriate out of pocket expenses are properly documented so that the compensation you receive will be fair and appropriate. Brigid O’Donnell, Solicitor, has spent her career advising clients who have suffered injuries due to accidents, or medical negligence.
How do I take a medical negligence claim?
Contact Brigid O’Donnell Solicitors to discuss your concerns.
What should I do if I have suffered injury due to medical negligence?
If you believe that you have grounds for a medical negligence case, contact us to arrange a consultation with Brigid O’Donnell Solicitors. Brigid will meet with you, remotely, or in person to take details regarding the circumstances of your case.
She will then arrange to take up a copy of your medical records. Brigid will review and collate your records, preparing a chronology of events for the attention of an expert who will prepare a report addressing liability and causation.
In many cases, more than one report will be necessary to address the issues arising. However, medical negligence proceedings cannot issue without a supportive report from an expert, of like qualification and skill, to the effect that the care afforded to the patient fell below the standard expect of an expert of such qualification (breach of duty) and that, as a result the patient suffered an injury, separate and aside to that for which he/she presented with for treatment (causation.)
Assuming that such a report is forthcoming, Brigid will then prepare a detailed brief for the attention of a barrister with significant expertise in the area of medical negligence, many of whom Brigid has worked closely with in the past, to draft the necessary court proceedings.
It is important to note that many cases do not proceed before a Judge and are settled, instead, by way of mediation or negotiation. Brigid is always on hand to deal directly with her clients’ concerns at every stage of the process.
How long do I have to take a claim for medical negligence?
Generally speaking, medical negligence proceedings should be initiated within two years of the date of injury. There may be exceptions to this rule. The date of injury may be the date of treatment, but in many cases the injury does not become apparent until some time after.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.