Medical negligence: Any precedence for direct contact with hospital?

Boristen

I hope this doesn't fall under seeking legal advice.

Situation revolves around delayed diagnosis of a treatable condition, whereby the hospital essentially forgot to tell me my results were positive for 16 months. The condition is indirectly life-threatening (it is not cancer) in the long-term as it causes other life-threatening conditions. The condition has led to significant time off work with resultant delays in career promotion (don't want to be specific but well over a year delayed).

I feel like the idea of compensation is a dirty word in Ireland with the perception of people making spurious claims, however the fact that this condition is absolutely treatable, the fact that I wasn't told for 16 months, and the impacts on life has really gotten under my skin and is really annoying me. My query is around whether there is any precedence for approaching the hospital directly in relation to compensation or whether the only option is to approach a solicitor to take the case for me?

Strumms

Why would you approach the hospital before getting legal advice ? Get legal advice before you do anything

Boristen

https://www.boards.ie/discussion/comment/117727754#Comment_117727754

Fair point. Maybe just because feelings are raw right now that I feel on one hand like a money grabber by going to a solicitor so maybe I'm just avoiding the reality of having to do that.

Peregrinus

If looking for compensation makes you a money-grubber, then you're a money-grubber whether or not you involve a solicitor.

If looking for compensation doesn't make you a money-grubber, why would looking for legal advice make you a money-grubber.

Maybe the lesson here is that you should question the casual linking of compensation claims with money-grubbing. Lots of people who have sought compensation and have been regarded as money-grbbers for doing so have suffered losses similar to, or worse than, yours.

chunkylover4

https://www.boards.ie/discussion/2058203058/medical-negligence-any-precedence-for-direct-contact-with-hospital

The Hospital will engage their insurers or the SCA if there is a claim. The hospital will not engage with you and I think it is unlikely the SCA or insurers would either. Speak to an experienced medical negligence firm like ACL, Cantillons, Tansey's, MBLLF, Cian O'Carroll etc if you decide to go down that route.

https://www.boards.ie/discussion/comment/117727814#Comment_117727814

The insurance companies have worked relentlessly in recent years to create that impression in people's minds, imo. It's a little bit like how employers try and make you so grateful to even have a job that you never question your employment rights.

Ime, get legal advice, if for nothing else than to at least know where you stand.

karlitob

https://www.boards.ie/discussion/2058203058/medical-negligence-any-precedence-for-direct-contact-with-hospital

There are a few things to note:

Delayed Diagnosis - if you’ve been told by your doctor that you’ve had a delayed diagnosis, that led to delayed treatment, that adversely affected your outcomes then the following should have happened

• the doctor should have completed an incident form and sent it to the quality and patient safety office
• the doctor should have met with you for openly disclose the incident. If you go online you’ll find the policy which will make it very clear what information that you should receive - in writing.
• the hospital - depending on the level of severity of the impact of the delayed diagnosis - should then conduct an incident review and provide a report. See the incident management framework online
• this report should identify the key causal factors, contributory factors and recommendations - if they exist.
• It is very important to note - Not all delayed diagnoses are due to error. And not all error is negligent.
• This means that unless there is negligence one may not have a case.
• On the other hand, if there was an error and it was negligent and that negligent error led to harm, then of course one has a case. Though a link between the error and harm is hard to establish. There is likely many other factors that contribute to a persons outcome.
• The hospital does not take cases or provide compensation. Your solicitor contacts the hospital, the hospital registers the claim with the SCA and SCA appoints solicitors to act on behalf of the hospital.
• the consultant usually has their own counsel also.
• As everyone else said - contact your solicitor.

coylemj

OP, the hospital will refer any claim to their legal department, they will not deal direct with you. And any legal person who sees a DIY claim for medical negligence will treat you as a time waster. You'll probably get a letter of acknowledgement and then they'll ignore you.

If you want compensation, go to a solicitor. Don't even waste the price of stamp contacting the hospital direct.