bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Long time for Medical claim

Did you ever hear of a medical claim going on for fourteen years? Like mine? Misdiagnosis ……….. operations ……….. resulting in three months in hospital and three operations unnecessary scarring. Kilkenny listener.

Unfortunately I have heard of cases going on that length of time and the reason they take so long to go to Court simply is that whilst it is important to file the claim in Court as soon as possible it is unwise to bring the case to a full hearing until a final diagnosis is made and a full prognosis as to the pain and suffering likely to be experienced by the victim is calculated.

The simple fact is that a Court can’t decide what compensation someone is entitled to until they know the full extent of their injuries and what nursing care might be required if a full recovery isn’t made.  Sometimes with operations and complications arising it can take years to resolve and that’s why it can take that length of time to go to Court.

There is also an issue of arguing among the defendants as to who is at fault - the HSE, the hospital itself, the consultant, a radiologist perhaps and in a maternity case - the midwife. These issues are usually only resolved "at the door of the courtroom" and if that's happening my advice to this listener is to get the case to trial as soon as possible.

Subject to a number of exceptions - court proceedings must be issued within 2 years of the medical mishap occurring.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.