Medical negligence claims arise where patients suffer harm because healthcare professionals fail to provide treatment that meets the standard expected of a reasonably competent practitioner. When errors occur within hospitals or healthcare systems, the law in Northern Ireland provides families with a clear route to pursue accountability and compensation.
At Lacey Solicitors, we regularly represent patients and families in complex medical negligence and healthcare claims before the courts in Northern Ireland. One such case involved the death of an elderly patient following unnecessary orthopaedic surgery carried out at the Royal Victoria Hospital in Belfast.
The case was handled by Ruaidhri Austin, who acted on behalf of the family and pursued proceedings through the High Court of Northern Ireland.
Hospital Admission Following a Fall
The patient, a woman in her nineties, was admitted to hospital following a fall and was experiencing significant pain in her hip. Within hospital healthcare settings, suspected hip fractures are treated urgently due to the risks associated with immobility in elderly patients.
Initial imaging suggested the possibility of a fracture of the neck of the femur. To clarify the diagnosis, a CT scan was arranged.
However, the CT radiology report later confirmed that there was no proximal femoral fracture present.
Despite this finding, the patient subsequently underwent surgery.
Unnecessary Orthopaedic Surgery
A consultant orthopaedic surgeon at a hospital in Belfast performed a hemiarthroplasty (partial hip replacement) procedure.
During the course of the surgery it became apparent that no fracture was present.
Once the procedure had commenced, the surgeon proceeded with the operation, citing clinical concerns about the potential complications that might arise if the surgery were halted at that stage.
Sadly, the patient later developed a post-operative pulmonary embolism and died shortly after the surgery.
This case raised serious issues of medical negligence, clinical decision-making, and patient safety within healthcare systems.
Failure to Review Radiology
Subsequent investigations revealed that the surgeon had failed to review or act upon the CT scan report confirming that there was no fracture.
This failure resulted in the patient undergoing a major orthopaedic operation that was later considered unnecessary.
The investigation identified a number of significant failings within the healthcare treatment provided:
- failure to review the CT radiology report confirming there was no fracture
- failure to inform colleagues or hospital management that no fracture was present during surgery
- failure to inform the patient’s family that no fracture had been identified
- failure to document the absence of a fracture in the operation notes
- failure to document the clinical rationale for continuing the surgery
Such failures raise serious concerns in medical negligence and healthcare law, particularly where diagnostic imaging is not properly reviewed before major surgery takes place.
The Duty of Candour in Healthcare
Modern healthcare practice requires medical professionals to be open and transparent when errors occur however unlike Scotland and England and Wales, NI does not have a Statutory Duty of Candour in 2026.
Even the Republic of Ireland has a statutory duty of candour, primarily implemented through mandatory Open Disclosure legislation for patient safety incidents. Under the Civil Liability (Amendment) Act 2017, healthcare providers are legally required to disclose serious, notifiable patient safety incidents, apologize, and explain what happened.
The professional duty of candour requires doctors and healthcare providers to:
- inform patients or their families when mistakes occur
- provide clear explanations about what happened
- ensure accurate medical records are kept
- cooperate fully with any clinical investigation.
In Northern Ireland, the importance of openness in healthcare has been the subject of significant legal and policy reform for the past few years. Following the Inquiry into Hyponatraemia-Related Deaths, of which our office also acted for families, the Department of Health began developing proposals for a statutory Duty of Candour, which would require healthcare organisations and staff to be open and honest when unexpected harm or death occurs during treatment. The aim of the proposed framework is to ensure transparency, accountability and learning within the healthcare system so that mistakes are properly disclosed and investigated.
Professional Disciplinary Proceedings
The case was later considered by a professional medical tribunal under the Medical Act 1983, the legislation governing the regulation of doctors within the United Kingdom healthcare system.
Following a public hearing, the tribunal found that the surgeon’s conduct amounted to serious professional misconduct.
Key findings included:
- failure to review the CT scan report
- performance of unnecessary surgery
- failure to disclose the absence of a fracture to colleagues and the patient’s family
- breach of the professional duty of candour
- dishonest concealment of the error in order to avoid investigation
The tribunal concluded that the doctor’s fitness to practise was impaired and imposed a period of suspension from the medical register.
Medical Negligence Legal Proceedings Issued by Lacey Solicitors
Lacey Solicitors, on behalf of the patient’s family, pursued a medical negligence claim for damages arising from the healthcare treatment provided.
Ruaidhri Austin, Partner, issued proceedings in the High Court of Northern Ireland on behalf of the family.
The claim was brought under two pieces of legislation frequently used in fatal medical negligence claims in Northern Ireland:
- the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937, which allows the estate of a deceased person to recover damages for losses suffered before death
- the Fatal Accidents (Northern Ireland) Order 1977, which allows dependants to recover damages arising from the death
These laws allow families affected by medical negligence to pursue damages for matters such as:
- pain and suffering experienced by our client before death
- financial losses sustained by the family of our client
- dependency losses suffered by family members
Admission of Liability and Settlement
Following the issue of proceedings in the High Court and the advancement of the family’s medical negligence claim, an admission of liability was ultimately secured.
The case was subsequently resolved for a significant sum, bringing the litigation to a conclusion for the family.
Healthcare professionals across Northern Ireland provide exceptional care to patients every day and the vast majority of treatment delivered within the healthcare system is of a very high standard. However, when things do go wrong, it is important that those affected are able to obtain clear answers and appropriate accountability. Medical negligence litigation can therefore play an important role in ensuring transparency, learning within healthcare systems, and maintaining public confidence in patient safety.
Medical Negligence and Healthcare Claims in Northern Ireland
Medical negligence claims frequently arise where healthcare professionals fail to meet the required standards of care.
Common examples include:
- failure to diagnose serious medical conditions
- failure to review scans or test results
- surgical errors
- lack of informed consent
- failures in communication between healthcare providers and families
Where negligent healthcare treatment results in death, families may bring claims under Northern Ireland legislation to seek justice and financial compensation.
How a Medical Negligence Solicitor in Belfast Can Help
Medical negligence claims often involve complex issues of medicine, law and healthcare regulation. These cases require careful analysis of hospital records, expert medical evidence and clinical procedures.
At Lacey Solicitors, we have extensive experience representing patients and families in medical negligence and healthcare litigation across Northern Ireland and have prepared a useful Guide to Medical Negligence Claims.
Our solicitors regularly handle cases involving:
- hospital negligence
- surgical errors
- delayed diagnosis
- fatal medical negligence claims
- failures in diagnostic imaging and radiology
If you believe negligent healthcare treatment has affected you or a loved one, our team can provide clear and confidential legal advice.




