Medical legal Solicitor

Mammyof1

Was wondering if there is anyone out there that can recommend a good solicitor for a legal medical negligence issue in dublin trying to find one on the net and there all not looking good :mad: looking for one with maybe no win no fee think there only going t do there job if they agree to that

thanks

cagney88

Mammyof1 wrote: »

Was wondering if there is anyone out there that can recommend a good solicitor for a legal medical negligence issue in dublin trying to find one on the net and there all not looking good :mad: looking for one with maybe no win no fee think there only going t do there job if they agree to that

thanks

I think you're being unrealistic.

FreudianSlippers

You might want to decide whether it is more important that you get a good solicitor with experience in medical law or no win no fee.

Mammyof1

how am i been unrealistic? are you a solicitor? and i would think that if they really think there going to win for me they will go no win no fee which a lot seem to be doing ive a very good case so i just need a really good solicitor

FreudianSlippers

I don't think solicitors are even allowed to advertise "no win, no fee" firstly...

http://www.bailii.org/ie/legis/num_reg/2002/0518.html wrote:

9. (a) Without prejudice to the generality of Regulation 4(a), an advertisement published or caused to be published by a solicitor shall not -

(i) include words or phrases such as “no win no fee”, “no foal no fee”, “free first consultation”, “most cases settled out of court”, “insurance cover arranged to cover legal costs” or other words or phrases of a similar nature which could be construed as meaning that legal services involving contentious business would be provided by the solicitor at no cost or reduced cost to the client;

So your only bet would be to go around asking solicitors if they would do it. Most probably may agree if you definitely have a good case. I know in the UK "no win, no fee" solicitors charge a much higher fee when you do win (as they really only take sure cases) than regular solicitors.
Also, keep in mind that if your case is dismissed the Judge may order you to pay the Defendant's fees plus you will have to commission medical reports and hire an expert witness which will all have to be paid by you.

This basically means that before going to ANY solicitor you should have a rough idea of what the negligence was, and that said negligence resulted directly in injury to you.
Then you will need a medical report and an independent report from a medical expert in your case specifically.

If you brought all of that to a solicitor they may take your case "no win, no fee".
If you don't want to take those steps without knowing first that someone may take your case "no win, no fee" then the only way to find out is to start ringing around.



**EDIT: On second thought, step one should be to contact the Legal Aid Board:
Medical Negligence Unit
Montague Court
7-11 Montague Street
Dublin 2
Tel: 01 4776208
**

drkpower

Mammyof1 wrote: »

how am i been unrealistic? are you a solicitor? and i would think that if they really think there going to win for me they will go no win no fee which a lot seem to be doing ive a very good case so i just need a really good solicitor

In most medical negligence cases, a typical Plaintiff solicitor will need to engage in a number of investigations, most notably obtaining at least one medical report, before they can even make an accurate assessmnent of whether your case is a good one or not. All of that costs quite a few quid. So it is pretty rare for a solicitor to take such a case on a no foal, no fee basis.

Of course, if you are confident yourself (as you claim to be) why would you be worried about stumping up a few quid to pay for your case?

Arsenal1986

I know Malcolmson law did alot of that Hep C tribunal work. They might be worth contacting

nuac

There are a number of solicitors experienced in medical negligence, who would retain counsel likewise experienced.

It is a difficult area, far removed from the usual personal injury practice. I doubt if such offices would be interested in "no foal no fee".

NUTLEY BOY

By way of general observation be aware that medical negligence cases can be incredibly hard to formulate and even harder to win.

You need to be exceptionally sure of your ground before embarking on a medical negligence case. That is why any solicitor who actually knows what they are doing as far as medical negligence cases are concerned will be very careful about taking you on - whatever the basis. I would be exceptionally wary of any solicitors too keen to take this type of case readily.

The required standard of proof for a medical negligence case is that of the balance of probabilities. You carry the burden of proof. A problem with medical negligence cases is getting together the relevant factual evidence and the technical medical experts to assess it and give the appropriate evidence with a view to reaching the required standard.

DO NOT be too impressed by media reports of big settlements for various medical cases - many sadly and tragically involving children injured in childbirth. Please remember that every medical negligence case must turn on it's particular merits. Even if your case seems similar to one that you hear rported in the media your case has to stand on it's facts.

The costs involved in formulating a medical negligence action can be exceptionally large not least of all because they are complex and require a lot of working hours.

HolisticGuy

I know you are looking for a recommendation and I dont think I am allowed say the name of the solcitor I found. But I can tell you how to find a solicitor

you dont say what has gone wrong but you should start by searching on www.google.ie for either "hospital negligence" or "medical negligence claims" or something similar. you will find lots of names of solicitors that you can check out

I found one article that I found useful in explaining how difficult it is to sue a hospital or doctor.

Proving that a doctor has acted negligently in his or her treatment of a patient is a rather complex task and it should be noted that the law only provides the opportunity for you to make a medical negligence claim if it can be shown ‘on the balance of probability’ that the treatment that you received was carried out in a negligent fashion by the healthcare professionals involved and that this directly caused or contributed to your injury.

taken from http://www.injury-compensation.ie/medical-negligence-claims/

I can tell you that your case needs to be very clear cut

my own personal experience was pretty bad - getting the wrong treatment

you should also look up the newspapers for the recent stuff from the ombudsman about the HSE - scary stuff

ilovelamp2000

drkpower wrote: »

In most medical negligence cases, a typical Plaintiff solicitor will need to engage in a number of investigations, most notably obtaining at least one medical report, before they can even make an accurate assessmnent of whether your case is a good one or not. All of that costs quite a few quid. So it is pretty rare for a solicitor to take such a case on a no foal, no fee basis.

Of course, if you are confident yourself (as you claim to be) why would you be worried about stumping up a few quid to pay for your case?

I'd have to second that, you won't get a no foal no fee solicitor on a Med Neg case. They'll need to be put in funds to engage an independent expert. No decent solicitor will serve proceedings without obtaining at least one.

If the OP is willing to pay then I'd suggest August Cullen, they are in Wicklow, but they are excellent.

InReality

1,contact a solictor , and discuss/agree no case no fee
2.you will prob have to pay for a medical report which can be a few thousand.
3.at that stage the solictor waives any costs incurred by them if you decide not to go ahead with the case ( happened with me )

richb6987

{SNIP SPAM AD}

johnfás

No win no fee situations never include outlay, which will include both a medical report and possibly an engineer's report as well as all court fees. Even if you do find a solicitor which meets your requirements you must set aside rather alot of money to cover this outlay. For example, in the case of personal injury a medical report from a GP will set you back €240 and an engineers report can cost anything up to €400. Given you wish to pursue a case for medical negligence it is likely that your medical report would have to be carried out by a consultant, which as stated above, could cost a couple of thousand.

maidhc

Pretty much all Medico Legal cases are "no foal no fee" in the sense that the only people who will actually PAY the fee is the insurance company at the other end if you are successful.

But a client is going to end up spending somewhere between 3-20k before trial on reports, opinions of senior councils and random other stuff irrespective of what the solicitor calls his service.

And if a client isn't willing to invest in an action, then I think most solicitors will wonder if they are wasting their time investing effort into getting it across the line.

helm09

Try James McSweeney solicitors, ask him about no win no fee.

fe1ready

HI I PM'D YOU THERE; THIS FIRM IS EXCEPTIONAL AND SPECIFICALLY PRACTICE THIS TYPE OF LAW

helm09

Be very careful about firm you choose, medial negligence is extremely tricky, I know this, I've been there.. Alot of firms are trying to get into it because fees are high but there only 3 or 4 solicitors in Dublin who are any good. Send me a PM if you want more details of my experience.

maidhc

I hope solicitors are not gone so pathetic they are PMing the OP for businesses,

helm09

If only.. unemployed as of last week, only passing on info that might help..

johnnyskeleton

maidhc wrote: »

I hope solicitors are not gone so pathetic they are PMing the OP for businesses,

Why is that pathetic? Its no different to, say, tendering for NAMA contracts, but on a smaller scale.

PM sent

shed12

Sorry to hear you were made unemployed helm09. Very tough times! Did see that firm you mentioned on T.V.? Some big medical negligence case. Best of luck.

rescue16

You wont get one that will no win no fee in ireland and you are better off getting a good solictor than trying to get no win no fee take my word for it i have had experence in this. Your best bet is go to your own solictor and ask there advice they will put you onto the proper people

Notattheraces

I contacted the Solicitor mentioned earlier in the thread. I gave him all my notes and he's investigating it for me. He says that if he thinks it is a goiod case he will act for me no win no fee. Too early to give feed back but he's an impressive guy on first impressions.

Imhof Tank

The class of mediacal report required in a med neg case is not the €240 PIAB style report on an injury, prognosis etc

You need reports from independent experts who will give opinion on the performance of the treating doctor(s). Unless you have the right opinion from a credible expert you are wasting your time.

Many Irish consultants are reluctant to give evidence against their colleagues in the context of medical negligence claims so you could be looking at the UK for your independent expert(s).

For example, if you have a claim against an Irish plastic surgeon - you would be thinking in terms of obtaining an opinion from someone on Harley St or equivalent. That sort of report can run you a grand before you add the travel costs for an assessment, the cost of the consultation itself.

I could name you 50 solicitors in Dublin who would run a statable med neg case at High Court level no foal no fee and as long as they have the right counsel then the case will have a sporting chance.

The problem is the outlays, nobody is going to be funding reports and travel expenses etc for a client in the current economy.

maidhc

Imhof Tank wrote: »

The class of mediacal report required in a med neg case is not the €240 PIAB style report on an injury, prognosis etc

About €2,500 is closer to the mark generally.

Imhof Tank

maidhc wrote: »

About €2,500 is closer to the mark generally.

Im sure you could pay up to that, although I have seen fees of £800 and £1000 sterling relatively recently for med neg reports from UK consultants.

maidhc

Imhof Tank wrote: »

Im sure you could pay up to that, although I have seen fees of £800 and £1000 sterling relatively recently for med neg reports from UK consultants.

Have one sitting on my desk that cost that!

drkpower

Imhof Tank wrote: »

Im sure you could pay up to that, although I have seen fees of £800 and £1000 sterling relatively recently for med neg reports from UK consultants.

They must be Mother Theresa-types; thats about a third of the typical rate.

nuac

Expect to pay about £2500 to £3000 for a medical witness at the top of his/her profession, ideally still in practice.

If you don't already know the witness personally, or have seen how the witness handles him/herself in court, talk to a reliable colleague who has.

Some experts appear very convincing on paper, but do not stand up to cross examination.

I was in touch with the Medical neg Unit. They DO cover Independant medical Reports.
Give them a call, see if they might be able to help you.