How a medical negligence claim works

The stages

1. 1

   First conversation

   You tell us what happened, in your own words. We ask about dates, who treated you and what you've been told since.
2. 2

   Medical records

   If it's worth going further, we request your records from the hospitals, GPs or practices involved. You have a legal right to them. This can take some weeks.
3. 3

   Independent expert review

   An independent expert in the relevant specialty reviews the records: did the care fall below a reasonable standard, and did that cause the harm? If the answer is that the care was reasonable, you will be told plainly.
4. 4

   Letter of claim and response

   Where expert evidence supports a claim, the healthcare provider (or the State Claims Agency, for public hospitals) is formally notified and can respond.
5. 5

   Proceedings

   If the matter isn't resolved, court proceedings may be issued. Many cases resolve before a full hearing, but no one can tell you in advance how a case will end.

Costs

Before any work that you would be charged for begins, you will receive a written explanation of the legal costs involved and how they would be dealt with, as Irish law requires. You can ask questions about it and take time to consider it.

[[TO CONFIRM: costs and fee arrangement wording, signed off by reviewer]]

How long it takes

Medical negligence claims commonly take a number of years from start to finish. Records, expert reports and the healthcare provider's response all take time.