Medical Negligence
If you have suffered injury or loss as a result of medical malpractice or if you feel the standard of care afforded to you by medical professionals has fallen short of what could be reasonably expected then contact MSM Law to assist you as specialists in Medical Negligence compensation claims.
All medical professionals owe you, as their patient, a duty of care whilst you are under their care and in the aftermath of that care.
In some instances, medical negligence claims can arise due to inappropriate treatment being received, surgical mistakes or an incorrect or even a potentially life threatening misdiagnosis.
If you feel that you have been failed by the professionals who were meant to assist you but their mistakes/inaction or mistreatment has led to you sustaining injury or exacerbating an existing condition, then please contact us to discuss the issues in further detail to identify if you have an actionable case.
Medical negligence claimsmedical negligence claims
We all have to rely on medical assistance at some point in our lives. When you seek medical care, you trust that healthcare professionals will provide the correct diagnosis, treatment, and care. Unfortunately, mistakes can happen, and when they do, the consequences can be devastating. If you or a loved one has suffered due to substandard medical treatment, you may be entitled to compensation through a medical negligence claim. This guide will provide you with a detailed understanding of the medical negligence claims process in Northern Ireland.
What is medical negligence?
Medical negligence occurs when a healthcare professional provides care that falls below the accepted standard, leading to harm or injury to the patient. This can involve errors in diagnosis, treatment, surgery, or aftercare. Medical negligence claims aim to compensate patients who have suffered as a result of these mistakes, covering both the physical and emotional impact, as well as financial losses.
Types of medical negligence
Medical negligence can take many forms, including:
- Misdiagnosis or Delayed Diagnosis: When a condition is incorrectly diagnosed or diagnosed too late, leading to incorrect treatment or a delay in receiving necessary treatment. This can result in the condition worsening or even becoming life-threatening.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the body, or causing unintended damage to organs or tissues.
- Medication Errors: Prescribing the wrong medication, incorrect dosages, or failing to consider potential drug interactions can lead to serious health issues.
- Birth Injuries: Negligence during childbirth can result in injuries to both the mother and the baby, including brain injuries, fractures, or nerve damage.
- Negligent Medical Advice: Providing incorrect or misleading medical advice that leads to harm, such as failing to warn about the risks of a treatment or procedure.
- Poor Aftercare: Inadequate care after surgery or treatment, such as failing to monitor a patient's recovery or neglecting to address complications, can also be considered medical negligence.
Who can you claim against?
Medical negligence claims can be made against a wide range of healthcare providers, including:
- Hospitals (NHS and Private): Whether you were treated in an NHS or private hospital, the institution may be liable for the negligence of its staff.
- GPs: If your general practitioner fails to diagnose or misdiagnoses a condition, leading to harm, they may be held accountable.
- Specialists: Medical specialists, such as surgeons, anaesthetists, or oncologists, may be liable if their treatment falls below the standard of care.
- Dentists and Dental Surgeons: Dental professionals can also be subject to claims for negligence if they provide substandard care.
How to make a medical negligence claim
- Seek Legal Advice: Medical negligence claims can be complex and require a thorough understanding of medical and legal issues. The first step is to consult with a solicitor who specializes in medical negligence. They can assess the strength of your claim and guide you through the process.
- Obtain Medical Records: Your solicitor will help you obtain all relevant medical records. These records will be essential in proving that the care you received fell below the expected standard.
- Expert Medical Opinion: A key element of a medical negligence claim is obtaining an independent medical opinion. This expert will review your medical records and provide a report on whether the care you received was negligent and if it caused your injury or harm. MSM Law will instruct the appropriate expert to carry out an evaluation of your injuries and will draft a report to be used in assisting your claim.
- Letter of Claim: If your solicitor believes there is a valid claim, they will draft a Letter of Claim, outlining the details of the case, the negligence alleged, and the impact on your health. This letter is sent to the healthcare provider or their insurer.
- Response from the Defendant: The healthcare provider or their insurer will have a set period (typically 3 months) to investigate and respond to the claim. They may accept liability, deny it, or offer a settlement.
- Negotiation and Settlement: If liability is accepted, your solicitor will negotiate a fair settlement that compensates you for the harm you've suffered, including medical expenses, lost earnings, and pain and suffering.
- Court Proceedings: If a settlement cannot be reached, your solicitor may advise taking the case to court. Most medical negligence cases are settled out of court, but having the option to proceed to trial is important if a fair resolution cannot be achieved.
Proving medical negligence
To succeed in a medical negligence claim, you must prove two key elements:
- Breach of Duty: You must demonstrate that the healthcare provider breached their duty of care by providing treatment that fell below the accepted standard.
- Causation: You must show that this breach directly caused your injury or made an existing condition worse. This can be challenging, as the healthcare provider may argue that the injury was due to the underlying medical condition rather than the treatment received.
Compensation in medical negligence claims
Compensation in medical negligence claims can cover a wide range of losses, including:
- General Damages: Compensation for pain and suffering, or for things such as loss of amenity (the impact on your quality of life).
- Special Damages: Compensation for financial losses, including:
- Medical Expenses: Costs of treatment, rehabilitation, and any ongoing care needs.
- Loss of Earnings: If your injuries prevent you from working either partially or completely, you can claim for lost income and any future loss of earning potential.
- Travel Expenses: Such as costs associated with travel to and from medical appointments.
- Adaptations and Equipment: Costs of making modifications to your home or purchasing necessary medical equipment.
Time limits for making a claim
In Northern Ireland, the general time limit for making a medical negligence claim is 3 years from the date of the incident or from when you first became aware of the negligence. There are exceptions for certain cases, such as claims involving children or individuals who lack mental capacity. It’s important to seek legal advice as soon as possible to avoid missing the deadline.
Why you should instruct a solicitor
Medical negligence claims are among the most complex types of personal injury claims. They require a deep understanding of both medical and legal principles, as well as the ability to gather and present evidence effectively. A solicitor who specializes in medical negligence will:
- Help you understand your rights and the strength of your claim.
- Obtain and analyse the necessary medical records and expert opinions.
- Handle negotiations with the healthcare provider or their insurer.
- Represent you in court if necessary, ensuring that your case is presented in the strongest possible way.
Conclusion
Suffering from medical negligence can have a profound impact on your life, but understanding your rights and the claims process is crucial for securing the compensation you deserve. If you or a loved one has been affected by substandard medical care, seeking expert legal advice is essential. An experienced medical negligence solicitor can guide you through the process, helping you achieve the best possible outcome.
For personalized advice and dedicated support with your medical negligence claim, contact our team at MSM Law. We are committed to ensuring that your rights are protected and that you receive the full compensation you are entitled to.
