Medical Negligence Solicitors

To prove medical negligence, we will need to establish three criteria in respect of your case:

• That you were owed a duty of care by your doctor or other healthcare professional

• That this duty of care was breached

• That you suffered harm as a direct result of the breach of the duty of care

We know how to put together strong evidence in support of a medical negligence case and how to establish liability to the satisfaction of the court.

If you believe that you have suffered medical negligence, you are advised to speak to an expert medical negligence solicitor as soon as you can. If you ask us to represent you, we will start putting together evidence straightaway while records are easily available, and the incident is still fresh in everyone’s minds.

We will be able to ask a medical expert to examine you early on and prepare a report detailing the injuries you have suffered. Our team will also contact the health authority or other medical body responsible for your treatment and advise them and their insurer that you intend to make a claim.

They will investigate the incident and may agree that they are liable. If this is the case, then we will put together strong medical evidence on your behalf and advise them of the amount of compensation we believe you are entitled to. However, if liability is not admitted or the amount offered by way of compensation is not sufficient, we will prepare your case for court.

The amount you will receive will depend on the severity of your injuries and how they will affect you in the future. We have extensive experience in dealing with medical negligence cases and if you call us, we can go through what has happened and give you our opinion as to how much you might expect to receive.

If your claim is successful, you will be entitled to two types of damages:

1. General damages

   A general damages payment is intended to compensate you for the pain and suffering you have experienced as well as any inability to do things you used to be able to do. This is referred to as loss of amenity. An example could be if you used to be able to work in your garden but you are no longer able to.

   If you have suffered psychological harm because of what has happened, this can also be claimed for within the general damages section of your case.

2. Special damages

   Special damages refers to quantifiable financial loss that you have suffered as a result of medical negligence. This could include loss of earnings, loss of future earnings, the cost of any special equipment you need, travel expenses to medical appointments, prescription charges, any care and help you require, both now and in the future, and the cost of adapting your home to accommodate your injuries, if this is necessary.

The length of time a medical negligence case takes depends on the severity of your injuries and whether the other side admits liability.

If your injuries are substantial, you may be advised to wait before settling to see how they heal and what your long-term prognosis is. If your injuries are more minor and the other side is prepared to settle, your case could be dealt with within several months to a year.

In the event that you have been badly affected by medical negligence and you are unable to work, we can request interim payments during the course of your case so that you do not suffer financial hardship.

For an adult, there is a three-year time limit for bringing a medical negligence claim in the UK and a two-year time limit for the Republic of Ireland. This is known as the limitation period. It runs either from the date of the negligent incident or the date that you became aware of the injury you suffered.

In the case of a child, the three-year (UK) and two-year (ROI) time limit runs from the date of their 18th birthday.

We have Belfast medical negligence solicitors as well as a Dungannon office where we represent clients bringing claims in Northern Ireland. We also have Dublin medical negligence solicitors and represent clients in the Republic of Ireland.

If your case is successful, you can expect the other side to pay your legal expenses as part of the settlement. This includes if you agree on an out of court compensation payment.

While there isn’t a no win no fee medical negligence option in Northern Ireland, we can discuss how your case can be funded if you are concerned about costs.

In some cases, you may be eligible for Legal Aid. If you are not, you may be able to choose after the event insurance, which is a policy that would cover your legal costs in the event that you do not win your case. If you do win, then a small premium is payable, which can be deducted from the money that you are awarded.

Contact our Medical Negligence Solicitors in Belfast

If you believe that you have a medical negligence claim, call us to speak to one of our legal experts. We will go through what has happened with you and answer your questions. To talk to one of our team, call us now on 028 8772 2102 (UK) or 01 533 7860 (IE). Alternatively, you can make an online enquiry and we’ll contact you promptly.

Below is a selection of recent successes we have had for our clients:

• Barbara Kozyra v St James Hospital, Dublin – Medical negligence, High Court Dublin – stem cell transplant mistake resulting in avoidable death – substantial settlement

• MB v Belfast Health & Social Care Trust – Medical negligence, High Court Belfast – significant injuries due to failure to administer Clexane – substantial settlement

• RJ v Southern Health & Social Care Trust – Medical negligence, High Court Belfast, stroke resulting in significant brain injury

• MJ (a child) v Belfast Health & Social Care Trust – Medical Negligence, High Court Belfast – catastrophic birthing injury