Medical negligence litigation may be required if you intend to pursue a claim for medical negligence compensation in Ireland. Medical negligence claims — and all claims for compensation based on professional opinion — are not dealt with by the Injuries Board Ireland and must be decided by the Irish Courts if not previously resolved by negotiation. Although this means that medical negligence litigation may be required, in practice only a small percentage of medical negligence claims require medical negligence litigation.
Why Medical Negligence Litigation May Not Be Necessary
Medical negligence litigation in Ireland is required whenever a claimant’s solicitor and the insurance company of the respondent cannot come to an agreement on a suitable medical negligence settlement. However it is usually possible for a medical negligence settlement to be reached which is acceptable to all parties.
Medical negligence litigation through the courts is not usually in the best interests of the respondent. Medical negligence litigation will mean increased legal bills for the defence, in addition to having to pay the legal costs of having a claim dealt with through the Irish courts. A claim for medical negligence compensation decided by a judge could result in a much higher compensation award, and many insurance companies are often unwilling to take that risk.
When Medical Negligence Litigation is Required
When a claim for medical negligence compensation involves substantial damages, medical negligence litigation is almost always required. An insurance company will usually prefer to take its chances in court rather than pay a very high out of court settlement. Medical negligence litigation is also required when both parties cannot agree on a suitable medical negligence settlement.
A court appearance, although not always for medical negligence litigation, is required under Irish compensation claims law for all compensation claims for minors, as well as any claim which is being filed by a ‘next friend’. Medical negligence litigation can be expected in cases when the respondent denies liability, although in such cases a compensation settlement may be offered if the respondent does not have to accept liability for the injuries.
Medical Negligence Litigation and the Irish Court System
Ireland has a three tiered court system, and which court is used will depend on the value of the compensation claim. In the majority of medical negligence cases, the High Court is preferred as the judges have the highest level of experience. The High Court will usually only deal with medical negligence litigation involving claims in excess of €38,092.14. Claims below this level but over €6,348.69, are dealt with by the Circuit Court, and claims under this value will require medical negligence litigation to take place in the District Courts.
Free Advice on Medical Negligence Litigation in Ireland
Many medical negligence victims in Ireland are worried about medical negligence litigation through the Irish courts; however with the advice and help of our medical negligence solicitors, we hope to allay any fears you have about medical negligence litigation. Our solicitors are experts in medical negligence litigation in Ireland and, in the majority of claims, will be able to negotiate a fair medical negligence settlement with insurers without medical negligence litigation through the Irish court system.
Call our free medical negligence claims helpline today for a free claim assessment, and get answers to any questions you have about medical negligence litigation in Ireland.
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