Medical Negligence in Belfast: What You Need to Know Before Making a Claim

When you trust a healthcare professional with your health, you expect to receive the best care possible. Unfortunately, this doesn’t always happen. 

Medical negligence is a serious issue that can have devastating effects on your health and well-being. 

In Belfast, like in other parts of the UK, medical negligence cases are becoming more common, and many people are left wondering about their legal rights and how to make a claim.

Kearney Law Group helps individuals in Belfast navigate the complexities of medical negligence claims with expertise and dedication. 

Our team of experienced solicitors understands the impact that medical errors can have on your life, and we are here to provide clear guidance and robust legal support. 

If you believe you’ve been a victim of medical negligence, we are ready to help you understand your rights and fight for the compensation you deserve.

What is Medical Negligence?

Medical negligence occurs when a healthcare professional or medical institution provides treatment that falls below the accepted standard of care, causing harm or injury to the patient. 

This can happen in various ways, such as incorrect diagnoses, surgical errors, medication mistakes, or failure to follow proper procedures. 

In order to claim compensation, the injured party must prove that the healthcare professional's actions (or inactions) directly caused harm.

Here’s what constitutes medical negligence:

• Misdiagnosis or delayed diagnosis: Failing to identify a condition in a timely manner.
• Surgical errors: Mistakes made during surgery, such as wrong-site surgery or leaving instruments inside the patient.
• Medication errors: Prescribing the wrong medication or dosage.
• Birth injuries: Injuries sustained during childbirth due to medical errors.
• Failure to warn of risks: Not informing patients about the potential risks of a procedure or treatment.

In Belfast, as well as across the UK, proving medical negligence involves demonstrating that the care provided fell below a reasonable standard and that this caused direct harm to the patient.

Key Steps in Making a Medical Negligence Claim in Belfast

If you believe you’ve been a victim of medical negligence, it’s essential to know the proper steps to take in order to pursue a claim. 

Here’s the process, from seeking medical advice to filing a formal claim.

1. Seek Legal Advice

Before taking any action, it’s crucial to consult with a specialist medical negligence solicitor in Belfast. 

They will help you determine whether you have a strong case and guide you through the complex legal process. 

According to the Law Society of Northern Ireland, medical negligence claims often require detailed medical records and expert testimonies, making professional legal assistance invaluable.

Here are the key points to consider when seeking legal advice:

• Choose a solicitor with experience: Ensure they have specific experience in medical negligence cases.
• Initial consultation: Many solicitors offer a free initial consultation to assess the strength of your case.

2. Gather Evidence

The next step is to gather as much evidence as possible to support your claim. 

This will be critical in proving that medical negligence occurred and that it caused harm. Your solicitor will likely request the following documents and information:

• Medical records: These are essential in showing the treatment you received, any mistakes made, and the impact of the negligence.
• Witness statements: Testimonies from medical professionals or witnesses who can confirm the mistakes made.
• Expert opinion: An expert medical opinion may be necessary to establish that the standard of care was breached and that negligence occurred.

Here’s a list of helpful evidence to collect:

• Personal Medical Records

Your medical records contain a complete history of your treatment, including diagnoses, prescribed treatments, surgeries, and follow-up appointments. 

These are vital in showing the standard of care provided and identifying any mistakes or omissions that could have contributed to your injury.

• What to look for:
  • Test results

Blood tests, X-rays, MRIs, and scans that show discrepancies in the diagnosis or failure to act on warning signs.

• Treatment notes

Details about the procedures or surgeries performed, including dates and any complications that arose.

• Discharge summaries

Documentation of your condition upon discharge and any recommendations for future care.

• How to collect them

Contact the medical institution where you received treatment to request copies of your medical records. In many cases, you’ll need to sign a release form to allow access to these documents.

• Correspondence with Medical Professionals

Any communication between you and healthcare providers, such as letters, emails, or official notes, can help establish a pattern of miscommunication, errors, or inadequate advice. 

These records might also reveal if you were not properly informed about potential risks or complications.

• What to look for:
  • Appointment letters and referral documents

These may show delays in treatment or missed opportunities for proper care.

• Emails or letters discussing your treatment

Any written communication where the healthcare provider acknowledges mistakes, misdiagnoses, or failures to act can be critical.

• Prescription records

Documentation of any incorrect medications or dosages prescribed during your treatment.

• How to collect them

Reach out directly to your healthcare provider’s office and request copies of all relevant correspondence related to your treatment. Keep records of all emails and letters you receive from them.

• Witness Statements

Witness statements can provide an external perspective on your treatment and the actions of medical staff. 

Witnesses might be family members, friends, or even other patients who were present during your treatment. 

Their testimonies can help confirm that negligence occurred and can also back up your version of events.

• What to look for:
  • Family and friends who were present during appointments, surgeries, or hospital stays can testify to things like delays, communication breakdowns, or emotional distress caused by the treatment.

• Other patients who were in the same treatment room or hospital ward may have observed similar issues or errors that affected you.

• Witnesses can also help establish the emotional impact of the negligence, such as increased anxiety, pain, or suffering.

• How to collect them

Speak with any individuals who were with you during your medical treatment and ask them to write a statement outlining what they observed. If applicable, include any other healthcare professionals who may have witnessed the treatment or mistakes.

3. Proving Negligence: Key Elements

In order to win a medical negligence case, you must prove the following three elements:

• Duty of Care: The healthcare provider had a legal duty to care for you. All medical professionals owe a duty of care to their patients.
• Breach of Duty: The healthcare provider failed to meet the standard of care expected in their profession.
• Causation: The breach of duty directly caused harm or injury to you.

4. Statute of Limitations: Time Limit for Filing Claims

In Belfast, as in the rest of the UK, there is a time limit for making medical negligence claims. 

The standard limitation period is three years from the date of the injury or the date you became aware of the injury. 

In some cases, this period may be extended if the injury wasn’t immediately noticeable or if the person is a minor at the time of the injury.

Key things to know about the statute of limitations:

• Three-year limit

The claim must be filed within three years of the injury or the date you became aware of it.

• Exceptions

There are exceptions for cases involving children, individuals with mental disabilities, or situations where the injury wasn’t immediately noticeable.

According to the UK Government’s guidelines, failing to make a claim within the three-year time limit could result in your case being barred from court.

5. Negotiation and Settlement

Once your case is filed, there may be an opportunity for settlement before going to court. 

This can save both time and money, as many medical negligence claims are settled out of court. 

Your solicitor will likely negotiate with the responsible party (the healthcare provider or institution) to secure a fair settlement.

Here’s what to know about settlement negotiations:

• Negotiations can be lengthy

Depending on the case, negotiations may take months or even years.

• Settlement vs. Court

If the defendant agrees to a settlement, you will be offered compensation without having to go to court. However, if a fair settlement cannot be reached, the case may proceed to trial.

6. Court Proceedings

If a settlement cannot be reached, your case may go to trial. 

This is the final step in the medical negligence claim process, where both sides present evidence, and the court will make a ruling. 

The trial process can be lengthy, with delays in scheduling, but it is sometimes the only option if a fair settlement cannot be agreed upon.

Key points about court proceedings:

• Court costs

If you win the case, the defendant will likely be required to pay for your legal fees. If you lose, you may have to pay the defendant’s legal costs.

• Evidence presentation

Both sides will present expert witnesses, medical records, and testimonies to support their case.

• Judgment

If the court finds in your favour, you will be awarded compensation based on the severity of your injury and the impact it has had on your life.

What is the Compensation for Medical Negligence?

The amount of compensation you can receive for medical negligence depends on several factors, including the severity of the injury, the impact it has had on your quality of life, and the financial losses incurred due to the negligence. 

The Judicial College Guidelines is used in the UK to determine compensation amounts for personal injury claims, including medical negligence.

Compensation can cover the following:

• General damages: For the pain and suffering caused by the injury.
• Special damages: For financial losses, including loss of earnings, medical expenses, and future care costs.
• Future care costs: If you need ongoing medical treatment or care, these costs will be factored into your compensation.

Here’s how compensation is generally calculated:

• Pain and suffering: Compensation for emotional and physical pain caused by the injury.
• Loss of earnings: If you are unable to work due to the injury, you may be compensated for lost wages.
• Future care: If your injury requires long-term care or treatment, this will be included in the settlement.

How Kearney Law Group Can Help

At Kearney Law Group, we specialise in medical negligence claims and are committed to helping you receive the compensation you deserve. 

We understand the complexities of these cases and are here to guide you through every step of the process, from gathering evidence to negotiating a settlement or preparing for court proceedings. 

With our experience and expertise, you can rest assured that your case is in good hands.

Protect Your Rights and Seek the Compensation You Deserve

Medical negligence is a serious issue that can have long-lasting effects on your health, finances, and quality of life. 

If you’ve been harmed due to substandard medical care in Belfast, you may be entitled to compensation. 

Kearney Law Group is here to help you navigate the complexities of medical negligence claims. Contact us today for a consultation, and let us fight for the compensation you deserve.