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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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In Oct 2004 I was injured while on duty as a member of An Garda

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In Oct 2004 I was injured while on duty as a member of An Garda Siochana (Irish National Police Service).
I was never interviewed as part of the process of Investigation by the Garda Medical Director and never received any assistance from that quarter. Over eight years later, after considerable pressure the Minister for I was injured while serving on duty as a member of An Garda Siochana (Irish National Police Service).
I was never interviewed as part of the process of Investigation by the Garda Medical Director and never received any assistance from that quarter.
I underwent major cervical spine reconstruction surgery in London in 2006 at my own expense - remortgaged to fund it.
I was retired from the force in 2008, being certified unfit for duty on medical grounds by the Garda Commissioner on the advice of the Medical Director.
I also received a service commendation from the Commissioner.
Over eight years later, after considerable pressure the Minister for for Justice and Equality received the file and in December 2012 sanctioned and approved my case for hearing in the High Court under the Garda Siochana Compensation Acts 1941/45. It is obvious the inordinate delay lays at the feet of the Garda Medical Director.
In 2012 the Garda Medical Director asked me to see a more eminent Medical Specialist. because he felt he was unqualified to make a final assessment. I did so in a visit that lasted about 5-10 minutes. This so-called specialist subsequently issued a major report, as though he knew me all my life and concluded saying he did not consider it was necessary for me to have the surgery in the first place!
I have psychical, psychological, relationship and financial complications arising from my tragic experiences suffered over a protracted period.
Have I and am I being wronged by the Garda Medical Director and the medical professional I was asked by him to see so long after the facts. Is the so-called medical specialist correct in his prognosis having regard to time spent with me. What if he is not an actual specialist?
Am I at liberty to take a case to the European Courts of Justice because quite bluntly I don't trust in the process in Ireland.
Though I have legal representation I feel I need a second opinion.
I'm presently being treated medically for psychological problems so please excuse me if I have not come across logically in my request.
Thank you.
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. At the outset, I cannot speculate on whether this medical specialist was correct or not, as I am not a doctor myself and only practise law. Essentially, you need an expert report from a different medical expert who will either confirm the opinion of this medical expert or else whose views will accord with your own. Accordingly, at this stage you should be getting a medical expert of your own to either confirm what has been said about your or disagree on the basis of medically objective facts so you can contest the determination made in respect of you. Without having your own medical expert support your position, you do not have an objective case to either judicially review the determination made or else, to submit fresh evidence which contradicts what has been stated in relation to your case. So the first step is to get a medical opinion that supports your position.

Buachaill :

2. Obviously, you believe that this medical opinion was not correct. However, before you can take a case you need to get a medical expert who supports your position. You will not be able to take a case either in Ireland or the European courts unless the medical evidence is in your favour. So get this correct and on your side before you seek to go forward.

Buachaill :

3. Be aware that a medical expert can be sued in relation to his report if it is wrong or negligence or has been given with malice. The rules have changed so that he can now be sued. Obviously, you believe from the short time he spent with you that this report was prepared wrongly and negligently. But to sue, you once again need an expert opinion who supports your case.

Buachaill :

4. Be aware that any decision of the Garda medical director can be judicially reviewed. but it must be shown to be unreasonable. so again you need medical evidence which supports your position. You need to act fast as there are time limits on judicial review actions.

Customer:

Dear Sir,

Customer:

Thank you for your advice and assistance. Sorry tardiness in responding. Every day is not a good day for me and I also need assistance in generating a response. Sorry there was a bit of overlap in my initial report.

I do have three Specialists who have reported, years prior to and contra the questionable reporting of the Specialist the Garda Medical Director asked me to see in 2012 some five and a half years after surgery, which I had in London by a world renowned Neuro Spinal Surgeon, who successfully performed major cervical spine reconstruction on me. The initial specialist I was referred to dealt with ligament damage. MRI Scans showed bad outcomes and I was referred on to another Specialist. I was totally unsatisfied and worried about his attitude and thankfully, through a friend was made aware of the specialist I ultimately attended in London. Re-mortgaging in 2006 to pay for it has cost me dearly since. The fiscal fiasco and recession came about at the wrong time. The delay by the Garda Medical Director resulted in the case not being dealt with sooner. As a consequences finances became stretched and I was unable to maintain mortgage repayments. My home is now under legal threat by EBS for repossession. Its a nightmare!

I really feel the Garda Medical Director is encouraging the issuance of such reports improperly and without justification, just to try and create doubt in the mind of the High Court Judge who will eventually hear my case. After all the same Garda Surgeon certified me unfit and I was retired on medical grounds in 2008. I smell a rat! I now understand the specialist in question was struck off in 1995 and that he is not a Specialist but a Doctor who has not up-skilled since 1978. I am also convinced he recorded our short meeting because of the verbatim content of his report when, on the day of meeting he did not seem to record notes as I spoke. He did not inform me he was recording.

I've managed to attend some cases in the high court just to see what happens in matters of this nature. Thankfully, I've never had reason to claim in my 35 years service though I did suffer many a knock, which one would fully recuperate from in a matter of weeks.
I was very surprised to see the same people give contradictory evidence in matters medical and psychiatric, which had an obvious bearing on the outcome.

I'm not entirely satisfied with the legal team I have. Should I consider a second opinion? Its something I don't like doing and in my present psychological state I will need other assistance.

Thank you once again.

Regards,

Art.
Wed 14 May 2014 1320 GMT Daylight Time Wk. 20.

Buachaill :

5. Dear Art, you should get a second opinion. Essentially, you should get the solicitor working for you to get a second opinion and as soon as possible. However, I would not get rid of your legal team just because this report has gone against you. That is like throwing the baby out with the bathwater. It is not their fault that the Garda Medical Director did not give a favourable report. However, you should move forward by getting your own favourable report at this stage. Then you can seek to challenge things. But you need to realise that your case is only as good as the evidence. So here, you need to get yourself a favourable current medical report in relation to your condition. Such a report will change the attitude of your legal team as currently the case has limited prospects.

Customer:

Dear Buachaill,

Customer:

Thank you. Understood.
Sincerely,
Art.
Wed 14 May 2014 1529 GMT Daylight Time Wk. 20.

Buachaill, Barrister
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Experience: Barrister 17 years experience
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