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How to Choose a Medical Negligence Solicitor


Posted in [Blog FAQs Medical Negligence ] on Friday, November 5th, 2021

Whatever circumstances have brought you to seek a Medical Negligence Solicitor, it has no doubt caused you stress and possibly pain. At Cantillons Solicitors, we understand the toll Medical Negligence can have and aim to relieve you of that stress and guide you as best we can.

The starting point is to find a Medical Negligence Solicitor you trust. Choosing a suitable Solicitor when you are experiencing emotional and physical turmoil can be difficult. To help you to make the right choice, we have created the guide below.

how to choose a medical negligence solicitor

 

What Is A Medical Negligence Solicitor

A Medical Negligence Solicitor specialises in an area of personal injury litigation which involves suing medical professionals, private hospitals and/or the HSE, for the injuries, loss and damage suffered by a person as result of the medical professionals’ and/or the HSE’s negligence.

 

What Are Medical Negligence Claims

Medical Negligence Claims are legal claims made by patients who have suffered an injury through the negligent act or omission of a medical professional, private hospitals and/or the HSE.

Medical Negligence Claims can be brought against any area of the medical and dental industry.

The following are amongst the areas of Medical Negligence and Dental Negligence that Cantillons Solicitors advise upon:

 

●      Medical Procedures

●      Birth injuries

●      Cerebral Palsy

●      Anaesthesia

●      Orthopaedic

●      Accident & Emergency

●      Medication

●      Pharmacy / Prescription Errors / incorrect Dosage

●      General Practitioner (GP)

●      Gynaecology

●      Surgical

●      Perineal tears (3rd and 4th degree tears)

●      Still birth

●      Delay or failure to admit to hospital

●      Allergic Reactions

●      Cannula Injury

●      EEG misreading

●      Informed Consent

●      Shoulder Dystocia

●      Complications following operation

 

●      Organ perforation during operation

●      Bowel perforation

●      Laceration to organ

●      Postpartum

●      Medical Devices

●      Hip Implants

●      Breast Implants

●      Hypoxic Ischemic Encephalopathy

●      Misdiagnosis

●      Delay in diagnosing and Treatment

●      Cervical Cancer

●      Paediatrics

●      Ear Nose and Throat (ENT)

●      Retained swabs / device / needle

●      Unexpected neo-natal death

●      Respiratory Medicine

●      Neurology

●      Neurosurgery

●      Infectious Diseases

●      Urology

 

●      Mental Health

●      Neurology

●      Neurosurgery

●      Pathology

●      Histopathology

●      Plastic Surgery

●      Psychiatry

●      Radiology

●      Cardiology

●      Colorectal Surgery

●      Endocrinology

●      Laser Surgery

●      Cosmetic Surgery

●      Cancer

●      Oncology

●      Delayed Diagnosis Claims

●      Surgical Claims

●      Transfusion errors

●      Blood & Blood Product Transfusion

●      Dental Procedures

●      Orthodontic

These claims can be taken against, Hospitals, individual Consultants, or the Health Service Executive (HSE) where necessary.

 

Choosing A Medical Negligence Solicitor

It is vital that you receive appropriate representation for your Medical Negligence case. Having the right Solicitor means you are more likely to receive the best outcome for your case. When choosing a Medical Negligence Solicitor, you should consider the following.

 

  1. The Solicitor’s Medical Negligence Experience

A Medical Negligence Claim is more likely to be successful if your Solicitor has previous experience in similar cases. When you first approach a Solicitor about your case, we advise that you ask about their experience upfront. It is important to understand the Firm’s experience as well as that of the Solicitor who will be representing you.

At Cantillons Solicitors, we have decades of experience helping clients with their Medical Negligence cases. We have a dedicated team of Medical Negligence Solicitor who are highly experienced and knowledgeable in this area. Our experience in advising clients when their medical treatment goes wrong is unsurpassed. In fact, Cantillons Solicitors is regularly recommended to clients by other Solicitors for Medical Negligence Claims.

 

  1. The Solicitor’s Resources

A Solicitor’s office is rarely idle so having the right amount of resources is an important thing to consider when choosing a Medical Negligence Solicitor. When you meet with a Solicitor whose services you are considering, ask about their available time and manpower. This will help you understand the resources that they are willing to commit to your case. A Solicitor that is under pressure from too many cases or stretched resources will not have the focus you require.

At Cantillons Solicitors, we always manage our cases and time with the utmost professionalism and care.

It is important to us that we are available to take a client’s call or answer their questions.  Medical Negligence cases are profoundly personal and, in some cases, life-changing. Having a Solicitor who is committed to your success is the very least you deserve.

 

  1. Your Medical Negligence Claim

One of the biggest benefits of choosing an experienced Medical Negligence Solicitor is understanding the value of your claim. At Cantillons Solicitors, we are open from the outset about the strength of a case.

To establish if there is a case worth pursuing, a good Solicitor will examine all of your medical records. They will also consult closely with you about your records.

To be successful in Medical Negligence case, it must be possible to demonstrate that the act of negligence resulted in an injury and if the negligence had not occurred, the outcome for you would have been different.

An important consideration to remember is the time frame in which you can bring a claim. There are strict time limits within which Medical Negligence Claims must be taken. Generally speaking the time limit is two years but on occasions, the time limits may be shorter or longer. There are some exceptions for minors and indeed if you did not know you suffered an injury until a later date. If you have suffered an injury, you should contact a member of our team as soon as possible.

 

  1. The Solicitor’s Fees

You should ask your Solicitor about their legal fees.  It is important that you have all the information you need upfront. A Medical Negligence Solicitor is legally obliged to give you information about their charges.

However, when it comes to litigation and Solicitor fees, it is not always possible for the Solicitor to give the client an exact figure at the initial stages. Where that is not possible, they must provide an estimate of their fees and the associated costs. Where neither of these is possible or practicable, they must tell you what they will base their charges on. For more information on Solicitor fees in Ireland, please see the Law Society website.

In contentious business, a Solicitor may not calculate fees or other charges as a percentage of any award or settlement.

A term commonly used in relation to Solicitors’ fees, (particularly in Medical Negligence cases and Personal Injury claims), is “no win no fee”. This essentially means that if you lose your case, your Solicitor will not charge a professional fee for his/her work. No win no fee arrangements allow people, who may not have the funds to pursue a claim, to do so. However, it is important to note that if you lose your case, you may be liable to pay the other sides costs, and possibly the costs of your own reports and outlay etc.

We find that it is helpful for clients to know the expected fees in advance of hiring a Solicitor. Solicitor’s fees can often cause undue anxiety to a client. Our commitment is to make the Medical Negligence claim process as stress-free as possible, including fee transparency.

 

  1. The Solicitor’s Location

When you are choosing a Medical Negligence Solicitors, keep in mind their location. At Cantillons Solicitors we represent clients from all over Ireland. While our office is based in Cork, given the amount of work we do all over the Country, we also have meeting facilities in Dublin and Limerick. We also offer consultation via telephone or Zoom so as to avoid the stress of travelling where necessary.

 

Contact Our Medical Negligence Solicitors in Cork

If you are looking for a Medical Negligence Solicitor, please contact Cantillons Solicitors using the contact form below,  Our offices are located at 39 South Mall, Cork.

Contact us at Cantillons Solicitors at Cork  +353 (0)21 4275673 or Dublin +353 (0)1 264 1802 or email info@cantillons.com  if you would like more information.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork” or “no win no fee Solicitors Dublin”. This term can be misleading and it is essential that you discuss fees with the Medical Negligence Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent

Karen Kearney

Partner

Experience

In her twenty years as a practising solicitor, Karen has worked with a number of leading law firms in Limerick and Cork where she has acquired extensive experience in all areas of the law, with a particular expertise in medical negligence cases.

Karen has represented clients effectively in many forums including the District Court, Circuit Court, High Court, Employment Tribunals and Coroner’s Court. She has acted for, and advised, State Bodies in respect of all areas of the law to include childcare law; employment issues; food safety and health and safety issues.

Karen joined Cantillons Solicitors in November 2009 and works in the Medical Negligence Department practising clinical negligence litigation.  She is expertly assisted by Patricia Sisk and April Wiseman, Legal Assistants.

She is very proud to be a member of the medical negligence team which  has been involved in precedent-setting  cases since 1980 and which received the inaugural award of Litigation Team of the Year, National Irish Bank Law Awards in 2012.

Karen regularly attends international conferences in order to add to  her pool of her experts and ensure access to the world’s best. She is also regularly asked to speak at national and international conferences concerning medico-legal issues. She is a regular speaker at the annual Medical Law Conference; giving presentations on healthcare law, practice and procedure to employees in the healthcare section and fellow lawyers. This lecturing experience means that Karen has an excellent grasp of law in theory as well as in practice.

Karen has featured on national television and on local and national radio  in relation to this specialised area of medical negligence litigation.She has been commissioned to write opinion pieces on topical issues in the medical negligence area, published in national newspapers. Notably, she first highlighted in the Irish Examiner, the Minister for Health’s failure to introduce a statutory Duty of Candour-  a legal requirement for medical staff, nurses and management to tell patients and their families if a mistake has been made which adversely affects the patient’s health – despite the Minister’s promise to do so.

Karen also writes a weekly column in a local daily newspaper, the Evening Echo, addressing reader’s legal queries. This column  appears in Monday’s edition of the paper.

Karen has developed real expertise in her field and has shown great dedication in pursuing complex injury cases to settlement.

Karen gets referrals from patients nationwide. She represents her patients with determination and compassion.

Qualifications

  • BCL Honours 1992
  • Admitted to the Roll of Solicitors in Michaelmas 1996

Associations

  • Former Secretary of Limerick Bar Association
  • Former member of the Litigation Committee of the Law Society of Ireland
  • Member of the Medical Injuries Alliance
  • Member of Action Against Medical Accidents (AvMA)

How can we help?


We are always happy to accommodate you at a time and place that best suits your needs.

We have Solicitors based in various locations, including Cork, Limerick and Dublin. We can arrange a meeting at a location that is suitable to you.

If you would like to speak to a member of our team outside of office hours then please contact us using the form below. We are happy to accommodate a virtual consultation, via Zoom or otherwise also.


If you have a query send us a message…


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