Most people who see a GP, go into hospital or visit a dentist receive good care. When something does go wrong and it leaves you or a family member worse off, it can be hard to know whether you have a claim or where to start. This guide explains what medical negligence means under the law in Northern Ireland, the time limits that apply, and what the claims process usually involves.
What is medical negligence?
Medical negligence, also called clinical negligence, is where a healthcare professional provides care that falls below the standard that could reasonably be expected, and that care causes you harm that would otherwise have been avoided. A claim can involve any healthcare provider, including:
- Hospitals and Health and Social Care Trusts
- GPs and practice staff
- Dentists, whether health service or private
- Pharmacists
- Nurses, midwives and other clinical staff
- Private clinics and cosmetic practitioners
What a claim needs to show
A poor outcome on its own is not negligence. Treatment can be carried out properly and still not work. To succeed, a claim generally has to establish two things:
- Breach of duty. The care fell below the standard of a reasonably competent practitioner in that field. The courts usually ask whether a responsible body of medical opinion would have supported what was done.
- Causation. The substandard care caused the harm, or made it worse. If the same outcome would probably have happened anyway, a claim may not succeed even where the care was poor.
Consent matters too. You should be told about the material risks of a treatment and any reasonable alternatives, so that you can make an informed decision. A failure to do that may form the basis of a claim in its own right.
Common types of medical negligence claim
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication and prescribing errors
- Birth injuries to mother or baby
- Failure to refer for tests or specialist care
- Dental negligence
- Failure to obtain informed consent
How long do you have to make a claim?
In Northern Ireland, you generally have three years to bring a medical negligence claim. The three years run from the date of the negligence or, if later, from the date you first knew (or could reasonably have known) that you had suffered a significant injury that may have been caused by your treatment. There are important exceptions:
- Children. Time does not usually start to run until a child's 18th birthday, so they will generally have until their 21st birthday to bring a claim. A parent or guardian can bring a claim on their behalf before then.
- People who lack capacity. Where someone lacks the mental capacity to manage their own affairs, the time limit may not run while that remains the case.
- Where a patient has died. Different rules and time limits apply to claims brought by the family or the estate.
Making a complaint to a hospital, Trust or GP practice does not pause the time limit. Medical negligence claims also take time to investigate, so if you are considering a claim it is worth taking advice early, even while a complaint is ongoing.
What to do if you think something went wrong
- Look after your health first. Get whatever further treatment you need, whether from the same provider or another.
- Write down what happened. Dates, names, what you were told and when. A well written timeline is valuable later.
- Request your medical records. You have a right to ask for a copy of your records under data protection law. Your solicitor can also request them on your behalf.
- Keep a record of your losses. Receipts, travel costs, time off work and any care you have needed from family or friends.
- Consider a complaint. The provider's complaints process can give you answers and an explanation, but it is separate from a legal claim.
- Speak to a solicitor early. Given the time limits and the medical evidence involved, early advice gives you the most options.
What the claims process involves
Every case is different, but a medical negligence claim will usually follow a similar path:
- Initial review. Your solicitor listens to what happened and considers whether there may be a claim.
- Records and expert evidence. Your medical records are obtained and reviewed by an independent medical expert in the relevant field, who comments on the standard of care and whether it caused your injury.
- Letter of claim. If the evidence supports a claim, the details are set out to the healthcare provider or their representatives, who have the opportunity to investigate and respond.
- Negotiation. Many claims settle without going to court.
- Court proceedings. If a fair settlement cannot be reached, or the time limit is close, proceedings may be issued in court.
What compensation may cover
If a claim succeeds, compensation is intended to put you, as far as money can, in the position you would have been in without the negligence. Depending on your circumstances, you may be entitled to compensation for:
- Pain, suffering and loss of amenity. The injury itself and its effect on your day-to-day life. Northern Ireland has its own published guidelines that the courts use when valuing injuries.
- Loss of earnings. Income you have lost, and may lose in the future, because of the injury.
- Care and assistance. Including care given by family members.
- Treatment and expenses. Private treatment, therapy, medication, travel and any adaptations to your home.
Medical negligence claims are detailed and rely heavily on expert medical evidence, so getting advice early matters. Our litigation team advises on medical negligence and personal injury claims from our offices in Newry, Belfast and across County Down. If your injury was caused by an accident rather than medical treatment, our guide to personal injury claims in Northern Ireland explains what you need to know.
This article is general information about the law in Northern Ireland and is not legal advice for your situation. For advice on a specific medical negligence matter, speak to one of our solicitors. Call your nearest office or send an enquiry and a member of our team will be in touch within one working day.
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