What is General Practitioner Negligence?
Any claim for General Practitioner negligence has to show that your General Practitioner (GP) did not have the skill – or was not able to demonstrate the skill – to diagnose your symptoms “at the time and in those circumstances”. Furthermore, it also has to be proven that had your GP referred you to a specialist, the specialist would have been able to identify your symptoms and treat them accordingly. Finally, it also has to be established that because your GP did not refer you to a specialist, you suffered the avoidable and quantifiable deterioration of a physical condition.
With so many contentious issues attached to GP negligence claims, the Injuries Board Ireland will decline to process an application for assessment of compensation for GP negligence and you will have to engage a solicitor to act on your behalf.
The first thing a solicitor will do is to request access to your relevant medical records which will then be presented to a medical expert. The medical expert should be able to ascertain whether your GP was justified in refusing to refer you to a specialist on medical grounds and also that a specialist would have identified the symptoms that your GP was unable to.
The medical expert will also try to establish the level that your health suffered as a result of your GP’s actions and, should there have been a significant deterioration due to your GP´s negligence or a permanent condition has developed which could have been avoided, will recommend to your solicitor that a claim for GP negligence is pursued. Your solicitor will then send a Letter of Claim to your GP, advising him or her of your GP negligence claim and inviting a response. When a significant health issue has developed and GP negligence is not in doubt, your GP will also be invited to make an offer of settlement.
Usually your GP would pass the letter onto his or her medical insurers who will conduct their own investigation before liability is admitted, so the whole process to establish your claim for GP negligence compensation will have to be repeated. When the medical insurance company agree that you have been the victim of GP negligence, your solicitor will make his or her final calculations of how much compensation for GP negligence you will be entitled to receive.
No two GP negligence claims are the same – even when the reasons for bringing them are alike – and how much compensation for GP negligence you will be entitled to will be based on the extent and severity of your quantifiable injury in relation to your age, sex and general state of health prior to the condition developing for which you are making the GP negligence claim.
You will also be able to claim GP negligence compensation for any deterioration in your quality of life – indeed possibly even a reduction in your life expectancy – and any financial costs which you have incurred which are directly attributable to your GP´s breach in his or her duty of care.
However, before any consideration is given to how much compensation for GP negligence you may be entitled to, it is first important to establish that your GP has indeed been negligent and, due to the complicated nature of GP negligence claims, you are advised to speak directly with an experienced medical negligence solicitor at the first possible opportunity.
How We Can Help ?
Pursuing a medical negligence claim in Ireland can be daunting, especially if you are still recovering. Our experienced team of medical negligence solicitors in Dublin and nationwide are on hand to give advice, and advise you of all legal remedies available to you at this stressful time. Our aim is to help you through the trauma of your experience with empathy and understanding, and to ease as much of the stress associated with medical negligence claims as possible.
If you have sustained an injury or contracted an illness due to a situation involving medical negligence and have questions surrounding an incident, please contact our Medical Negligence Solicitors today at Coleman Legal.
Coleman Legal can help you find out if you are eligible for a compensation. If you are eligible for compensation, we will fight for you while you recover, ensuring your best interests are met and that you receive the best settlement or Court Award that is fair to you in the entirety of the circumstances.
(Medical Negligence Team)
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.
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