I Understand You May Have Questions
Many of my clients come to me unsure if what they’ve experienced qualifies as medical negligence. This page answers some of the most common questions I receive. If you have a specific concern that isn’t covered below, feel free to reach out for a confidential chat — I’m here to listen and offer guidance.
General Questions
1. What is Medical Negligence?
Medical negligence occurs when a healthcare professional fails to meet the standard of care expected, resulting in harm to a patient.
2. Is Every Bad Outcome Automatically Medical Negligence?
No. Medical treatment can carry risks, and sometimes things go wrong despite appropriate care. A claim is only possible if it can be shown that substandard care caused avoidable harm.
3. How Do I Know If I Have a Case?
If you’ve suffered harm because of a medical mistake or poor care, I can help assess whether there are grounds for a legal claim. The first step involves reviewing your medical records and speaking with you about what happened. If it appears there may have been negligence, I’ll arrange for an independent medical expert to give an opinion — this is a legal requirement before a case can proceed. I’ll guide you through every step of that process.
4. Who Can Bring a Medical Negligence Claim?
Adults who have been injured due to negligent medical care can bring a claim in their own name.
If the person affected is under 18, a parent or legal guardian can bring the claim on their behalf.
If someone has died as a result of negligent care, a claim may be brought by a dependent — such as a spouse, partner, parent, child, grandparent or sibling.
5. What are the Time Limits for Bringing a Case?
There are strict time limits (known as the Statute of Limitations) that apply to medical negligence claims.
In most cases, you have two years from the date of the alleged negligence to begin a claim.
There are important exceptions:
- If you didn’t know at the time that you were injured or that the treatment was negligent, the two-year clock may start from the “date of knowledge” — when you became aware of the problem.
- For children, the time limit doesn’t begin until their 18th birthday, but a parent or guardian can bring a claim on their behalf at any time before then — which may be advisable to access early supports or therapies.
To protect your legal rights, it’s best to seek advice as early as possible. I can help you determine exactly how the time limits apply to your situation.
6. Do I Need to Have All My Medical Records Before Contacting You?
No — I can take care of requesting the records for you once I have your written consent. You don’t need to gather anything before getting in touch.
7. What if I Just Want an Explanation, Not Compensation?
That’s completely valid. Many of my clients simply want answers about what happened. Even if you’re unsure about pursuing a
claim, I can help explore your options and guide you through the steps to get the information you’re seeking.
About the Process
1. What are the Steps Involved in Bringing a Legal Claim?
The process begins with a conversation about what happened and requesting and reviewing your medical records. If it appears that negligent care may have occurred, I’ll arrange for an independent medical expert to assess the case. If the expert supports your claim, we can then proceed with legal action.
2. How Long Will the Process Take?
Most medical negligence claims take between 18 months and 3 years, depending on how complex the case is and whether it settles early or proceeds to court.
- It typically takes 2–3 months to gather all necessary information and receive your medical records from the relevant hospitals and doctors.
- Once received, I aim to review your records and provide my expert opinion within 1–2 weeks, depending on the volume of documentation.
- Obtaining a report from an independent medical expert may take several weeks or months, depending on their caseload.
- The investigation phase usually takes 6–9 months, and the court process — if required — can take 12–24 months.
I work efficiently and will keep you updated at every stage about the next steps and expected timelines. Because the process can take time, it’s important to get legal advice as early as possible to make sure you don’t run out of time to bring a claim.
3. Will I Have to go to Court?
Not necessarily. Most cases settle out of court. If your case does go to court, I’ll be with you every step of the way to prepare and support you throughout.
4. What can a Successful Claim Achieve?
While no legal outcome can undo what happened, a successful claim can provide answers, recognition of the harm you’ve suffered, and financial compensation.
Legal Costs
1. How Much Does it Cost to Bring a Medical Negligence Claim?
There is a strict prohibition on advertising No Win No Fee claims which means I cannot publicly state whether I offer No Win No Fee as a funding option to my clients. However, I can explain the funding options available to you during your initial consultation. In the meantime, you can learn more about “no win no fee” by reading my guide: ‘No Win No Fee’ in Ireland explained.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Types of Claims
There are many different types of medical negligence claims. Put simply, any injury — including death — or a worsened condition caused by the negligent action or inaction of a medical professional or hospital may be compensatable. No area of medical treatment is exempt.
I advise and represent clients across a wide spectrum of medical injuries.
Please click on the below link where you will find detailed information on my areas of expertise and the different types of medical negligence
claims which can be brought.
Still Unsure?
If you’re uncertain about what to do next, let’s have a quick chat. There’s no pressure — just clear, confidential guidance to help you understand your options.
Email: laura@crokemedicallaw.com
Phone: +353 83 330 1674