Medical negligence- US doc assessment?

buiscuit2168

I am looking to sue a doctor for medical negligence. I realize a foreign doctor will have to assess the medical records as an Irish doctor won't openly criticize another doctors work.

Solicitors usually use a UK doctor to prepare a court report but does anyone know if a solicitor would use a doctor in the US and would they extremely expensive. A UK doc will charge between €1,000 -€3,000.

The reason I ask I have been told even in the UK the doctors are slow to criticize an Irish doctor.

whomitconcerns

I would imagine for a us doctor to have any standing in an Irish court would be complicated and expensive. If only just for just logistical purposes..

buiscuit2168

whomitconcerns wrote: »

I would imagine for a us doctor to have any standing in an Irish court would be complicated and expensive. If only just for just logistical purposes..

That is my question does anyone know if it is possible and how much.

Pat Mustard

buiscuit2168 wrote: »

Solicitors usually use a UK doctor to prepare a court report but does anyone know if a solicitor would use a doctor in the US and would they extremely expensive. A UK doc will charge between €1,000 -€3,000.

The doctor would have to see you in order to prepare a medical report. Start factoring flights and hotels in the USA versus the UK and you will see that the USA is likely to be extremely expensive indeed.

Same again for updated medical reports.

If the case doesn't settle and if witnesses have to be assembled for trial, there will be the cost of the flight from the USA, etc.

Overall, an expensive prospect.

buiscuit2168 wrote: »

The reason I ask I have been told even in the UK the doctors are slow to criticize an Irish doctor.

Unless a lawyer who deals with personal injury and/or medical negligence work told you this, that statement has little value. It certainly doesn't add up to me.

NUTLEY BOY

It is not that problematical to get a UK doctor to give evidence in an Irish court.

Unless there was some exceptionally good reason for it, an Irish judge might well wonder quietly to themselves why a plaintiff needed to go to the land of mad litigation to source an expert witness. e.g. has this plaintiff done the rounds of the UK experts whose opinions do not suit his case and the American is going to give the view that suits the claimant.

I think it is probably more sensible to retain a UK doctor as in many areas of clinical practice the norms between Irish and UK practice are often quit close. I would not be sure if this could be said in relation to American practice. That is not a slur on US practice but an observation based on the principle that the defendant's alleged negligence will be judged, inter alia, on what is the clinical professional norm and practice in Ireland.

nuac

No Irish consultant in any area of medicine will advise on or report on the treatment given by any Irish doctor. ,

You need to contact a UK consultant eminent in the related speciality. You need to be certain that that consultant will come to Ireland to give evidence at an affordable cost.

Expensive, but your barrister might not sign your statement of claim without such an opinion.

It is best to talk to a lawyer experienced in med neg re the possible options. Some witnesses are less impressive in the witness box than on paper

There are firms in US who source professional witnesses. There may be one also in UK as I saw a list offering an expert witness for a wide range of specialities. Be careful about such.

One of the major difficulties in mounting a med neg action is in getting all the relevant medical records, reports, charts etc. The situation has improved, but it can still be like drawing hens teeth.

There can be a further difficulty in that doctors etc who were part of the treating team may now be abroad. Difficult to contact. Even more difficult and expensive to get to court if necessary.

From experience I agree with Pat Mustard and Nutley Boy re US witnesses