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