If you feel that you have been badly served by either a doctor, a dentist, a lawyer, an architect, an accountant or any other professional, what do you need in order to ensure that you have a good case?
· You need to have your own comprehensive file and details of everything that has happened in relation to the case. Sometimes you may not have the full file, particularly if it is a case that has been going on for several years with a solicitor, but in those cases an application can be made for a copy of the file under the Freedom of Information legislation or Data Protection legislation. If all fees have been paid then the professional involved has no alternative but to hand over your file.
· You then need to give your solicitor full detailed instructions concerning the entire process, not just what you believe to be the negligent act.
· Your solicitor must then make his decision as to whether or not he feels there is a case to answer and if he does then this will be following his own review of all the relevant instructions and documentation.
· Your solicitor should then obtain an opinion from a professional with the same or greater standing than the professional against whom you have a complaint. That would involve that person fully reviewing all the paperwork and perhaps discussing the matter with your solicitor and then he/she would prepare a detailed report concerning the question of negligence.
· Unfortunately, particularly in negligence cases, it may be necessary to obtain reports from more than one person with the relevant experience. Sometimes this is just unavoidable.
· Once the relevant report or reports have been obtained, your solicitor should then send all the relevant papers to a barrister for an opinion concerning liability and if the opinion is that there is a strong case, the barrister should be requested to draft the necessary legal proceedings.
· All of this can be an expensive exercise and if you are considering a case in relation to processional negligence, you should do so on the basis that you may have to spend up to €4-5,000 just to establish whether or not you have a case.
All I can say is that in every case involving professional negligence (apart from occasional medical negligence cases) I would often have a fairly good idea from the outset whether or not there is a good case to answer but having said that, it is essential to get the documentation and perhaps the additional proofs referred to above.
Kevin Brophy,
No comments:
Post a Comment