Medical Negligence Claims Solicitors

You have three years to begin legal action in a medical negligence claim. The time limit usually begins from the time of the medical treatment complained of, but it can commence on a later date if you are not immediately aware of the medical negligence. For example, when you became aware that the treatment may have been negligent. This can be at a meeting following a complaint or once you have received a medical report from an expert advising that the medical treatment was unacceptable.

Medical negligence claims for minors

If you suffered as a result of medical negligence as a child, the three year time limit begins on your 18th birthday.

Issuing proceedings

You must issue proceedings prior to the three year time limit running out so it is important to seek legal advice well in advance. If you fail in this, your case will very likely get statute-barred, preventing you from claiming.

Expired limitation periods on medical negligence claims

In some specific circumstances, a Court does have discretion to permit a claim after the limitation period has expired. You should therefore obtain specialist legal advice even if three years have passed since you were injured.

The amount of compensation is linked to the injuries sustained and the amount of time that was required for you to recover. The most serious instances of medical negligence can result in several million pounds in compensation.

Brackets of medical negligence compensation

We get an idea of how much compensation our clients are entitled to by referring to the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland from The Judicial Studies Board for Northern Ireland. This is also known as “The Green Book”. It provides brackets of compensation for all injuries ranging from minor injuries to serious and lifechanging conditions such as cerebral palsy.

It is important to note that The Green Book is a guide. There are lots of other factors that may be factored in that could impact the level of compensation. This depends on your unique set of circumstances.

General damages and special damages

The guide also only refers to general damages. This is the compensation that you’re entitled to for the pain and suffering caused through medical negligence. You may also be entitled to special damages. These are designed to compensate you for things like your loss of earnings and ongoing care requirements.

The length of time varies from case to case. We typically find that the length of time it takes to bring a case from instruction to settlement or hearing is intrinsic with the complexities of a case. In most instances, a straightforward case will conclude quicker than a complex case.

It can take several years to conclude a medical negligence case

Medical negligence cases tend to be complex and can take several years to conclude. This is relative to the severity of the injuries sustained and the number of reports required to progress the case. In instances where the medical negligence has had life-changing consequences, it is important that a medical negligence solicitor takes a variety of things into account to ensure the best standard of living for the injured person.

The medical negligence claims process

Your solicitor would build a team of expert consultants to consider all areas of a person’s life, ranging from employment and medical care to their home and transportation costs. This takes time but it is important to get it right and make sure all necessary investigations are carried out.

Medical negligence claim delays

Whether the defendant accepts or denies liability will also factor in how long it can take. In some rare instances, the defendant’s insurer or solicitor can cause avoidable delays. For example, they may fail to respond to letters in a timely manner. We have the expertise and experience to mitigate against such delays should they occur.

The length of time required to conclude a medical negligence case is also subject to court availability should the case be required to proceed to a hearing. This is particularly amplified when the courts are experiencing a backlog.

We are medical negligence specialist solicitors

Our clinical negligence solicitors have a reputation for progressing medical negligence claims quickly and ensuring any unnecessary delays are avoided.

We offer a free initial consultation that allows us to assess whether you may have a viable medical negligence claim or not. However, in order to properly determine whether there has been medical negligence, a report is required from a medical expert.

The losing party pays in a medical negligence case

In medical negligence litigation, the normal rule is that the losing party pays the legal costs of the winning party. This is also what usually happens when a case is settled outside of court, even if it settled without admission of liability. If a case proceeds to court, the courts can usually be expected to order the loser to pay the winner’s legal costs.

Medical Negligence “no win no fee” in Northern Ireland

The payment structures in Northern Ireland differ from conditional fee arrangements. The Law Society of Northern Ireland, our governing body, does not permit its members to operate using conditional fee agreements, more commonly referred to as no win no fee arrangements. You can learn more about why this is so and what alternatives exist at No Win No Fee Northern Ireland.

Interim payments

In instances where liability is not contested by the defending party, we can seek out interim payments. This is a payment or series of payments made prior to the conclusion of a case. They are designed to go towards an injured person’s medical care, lost earnings and other related costs.

Legal Aid and legal expenses insurance

We may be able to apply for Legal Aid on your behalf. Or we might be able to secure After The Event (ATE) legal expenses insurance which means you only pay a small premium should the claim be unsuccessful. However, most of the time, our expert medical negligence solicitors can predict the outcome of a case with great accuracy and advise you accordingly. Your solicitor would provide you with a range of options and ensure you fully understand each of them.

No hidden fees

There are no hidden fees or unexpected bills during any part of the McCartan Turkington Breen client journey.