A Step-by-Step Look at the Legal Process
Pursuing a medical negligence claim can feel overwhelming, but understanding the legal process can help you feel more in control. From your initial consultation to the resolution of your case, each step is designed to ensure your rights are protected and that you receive the justice and compensation you deserve.
Step 1: Initial Consultation
The first step is for you to contact an experienced medical negligence solicitor and provide a brief summary of why you think you may have a claim. If you choose to contact Croke Medical Law, I will appropriately advise you and help you compile the necessary evidence to determine whether or not you have a medical negligence claim.
It is important that you make this initial contact quickly.
There are very strict rules (known as the Statute of Limitations) which dictate the length of time you have to make a medical negligence claim. Generally speaking, you have two years from the date of the negligent act to bring a medical negligence claim.
There are some exceptions:
- If you did not know that you received negligent medical treatment or you did not know you had been injured at the time you received medical treatment, you may be able to rely on the “date of knowledge” argument. This means the two-year time limit will run from the date you became aware of the negligent treatment or the date you discovered you had been injured.
- For minor children, the two-year time limit does not begin until the child’s 18th birthday. However, a claim can be brought by the child’s parents while the child is still under 18 years of age. This may be advisable in cases where compensation can provide much-needed therapies and support to reduce the impact of their injuries.
To protect your or a loved one’s legal rights, it is essential that you start the legal process as soon as possible to ensure the legal claim is commenced before the time period expires.
Even if you are not sure about the strength of your claim, you should make contact with a suitable solicitor for advice. I understand that when you suffer an injury, your recovery takes precedence and you may not feel in the best place to consider bringing a legal claim. However, making contact with a specialised medical negligence solicitor early will ensure that you receive the appropriate advice in a timely manner, within the legal timeframe, thereby protecting any potential claim you may have.
If you reach out to Croke Medical Law, I will provide a confidential, no obligation consultation where I will:
- Listen to your experience and concerns.
- Assess whether there may be grounds for a claim.
- Explain your legal rights and options.
- Outline the next steps in the process.
Step 2: Gathering Medical Records and Evidence
If I determine that there is a potential claim, the next step is to gather all relevant medical records and supporting evidence. This includes:
- Requesting and reviewing your medical history.
- Identifying any discrepancies or failures in care.
- Consulting with independent medical experts to assess whether negligence occurred.
Step 3: Obtaining Expert Medical Opinion
Medical negligence claims require expert opinions to establish whether a healthcare provider breached their duty of care. I work with leading medical professionals to:
- Provide an independent assessment of your care.
- Confirm whether a breach in the standard of care occurred.
- Establish a link between the negligence and the harm suffered.
Step 4: Commencing Court Proceedings
- Once I receive the necessary supportive expert report(s), I will put the Defendant(s) (the wrongdoer) on notice of the claim by writing a Letter of Claim. This letter summarises the allegations being brought against the Defendant(s) and invites them to admit liability. However, it is rare that a Defendant would admit liability at this early juncture.
Failing an admission of liability, I will commence the court process by lodging a Personal Injuries Summons with the Court and serving this document on the Defendant. The Personal Injuries Summons will set out the nature of the injury, the identified Defendant(s), the allegations of negligence, and details of the Plaintiff’s (the injured party’s) condition and personal injuries.
Step 5: Reply by the Defendant
The Defendant is then given time to reply to the Personal Injuries Summons. They will conduct their own investigations and instruct their own experts to determine whether medical negligence occurred.
Once the Defendant has concluded their investigations, they will lodge a formal reply in a document called a Defence. The Defence will outline the Defendant’s responses to the allegations made by the Plaintiff.
Step 6: Valuing a Claim
- While the Defendant is conducting their investigations, I will assess the value of your claim by considering both general damages (pain and suffering, loss of amenity, reduced life expectancy) and special damages (financial losses incurred due to the negligence).
- General Damages: Compensation awarded for pain, suffering, and loss of quality of life. These are calculated based on Court Guidelines and previous settlements involving similar injuries.
- Special Damages: Compensation for financial losses such as medical expenses, travel costs, and loss of earnings.
- In some cases, we may instruct experts to quantify financial loss suffered and/or anticipated future losses.
Step 7: Proceeding to Trial/Settlement
- Once both the Plaintiff and Defendant have compiled all necessary evidence, they will inform the Court that they are ready to proceed to Trial. Before reaching trial, both parties often attempt to resolve the case through negotiated settlement talks.
- The vast majority of claims do not proceed to court. Instead, both parties will meet for settlement/mediation talks, and resolution is typically achieved before trial.
Step 8: Length of Time to Conclude a Case
- The legal claim process can be lengthy, with the average claim taking 24-36 months to conclude.
- Typically, it takes 2-3 months to gather all necessary information and medical records.
- Once records are received, I aim to have them reviewed and an expert opinion provided within 1-2 weeks.
- The process of obtaining a medical expert report can take several weeks or months depending on the expert’s availability.
- Investigating a medical negligence claim can take 6-9 months, while the court process can take 12-24 months.
- I prioritise efficiency and ensure that clients are kept informed of each step and the expected timeframe.
What Happens When You Contact Me
Here’s what to expect if you decide to reach out:
- We’ll talk. I’ll listen to what happened and answer any questions you have — no pressure, no obligation.
- You’ll get clear advice. I’ll explain whether I believe you may have a case, and talk you through your options.
- I’ll investigate. If we decide to move forward, I’ll request your medical records and, where needed, seek opinions from independent experts.
- I’ll handle everything. If a claim is possible, I’ll manage the entire process personally — keeping things as simple and stress-free as possible.
What My Clients Say
I’m proud to have supported clients through some of the most difficult moments in their lives. Here are just a few of the kind words they’ve shared about their experience working with me:
Reassuring and understanding
"Laura was a pleasure to deal with. While so many in the industry can be cold and intimidating, Laura was so reassuring and understanding while being very open and honest and not at all misleading. She is also so knowledgeable and speaks in terms that all can understand she is very informative. Laura gives regular updates so there is no need to worry about being forgotten. Would highly recommend Laura."
Exceptional professionalism and outstanding communication
"We were incredibly impressed by their exceptional professionalism from the outset. Laura provided clear, well-structured advice at every stage of the process. Communication was outstanding — Laura was consistently responsive and ensured that we were fully informed throughout the case. This level of attentiveness gave us great confidence that the matter was being handled with the utmost care and diligence. Laura’s ability to balance empathy with rigorous legal expertise was truly commendable. I would have no hesitation in recommending Croke Medical Law."
I will be forever grateful
"I will be forever grateful to Laura for her guidance and support during such a difficult time. Her care and expertise made all the difference."
I felt guided and reassured throughout
"From the beginning, Laura was supportive, clear, and honest. I felt reassured and guided throughout, and I couldn’t recommend her highly enough."
Always available, always compassionate
"Laura made what felt like an overwhelming process so easy to understand. She was always available, always compassionate, and incredibly professional."
Supported and guided us
“Laura is the ultimate professional while also being kind and compassionate. Laura was so easy to deal with, kept us informed every step of the way and supported and guided us through a very difficult process. We will be forever grateful to her and would have absolutely no hesitation in recommending Laura to anyone that finds themselves in our unfortunate situation".
I’m also proud to have earned consistent 5-star reviews on Google from clients who value clear advice, compassion, and real results.
Not sure if you have a case? Let's talk.
If you’re unsure whether you have a case or just need some guidance, let’s have a quick chat. No pressure, no obligation — just clear, honest advice to help you understand your options.
You can reach me directly by phone, email, or simply fill out the contact form here. I’ll personally take the time to listen and point you in the right direction.
Email: laura@crokemedicallaw.com
Phone: +353 83 330 1674