Legal Advice on Medical Negligence Claims from Lacey Solicitors – Dual-Qualified in Belfast and Dublin
When you visit a hospital, GP, or healthcare clinic, you place your trust in medical professionals to provide safe, skilled, and compassionate care. Thankfully, that trust is well-placed in the vast majority of cases. Both our NHS and private healthcare systems are staffed by highly trained doctors, nurses, and specialists who work under intense pressure to deliver the best possible outcomes.
But when something goes wrong, and that care falls below acceptable standards — resulting in injury, illness, or loss — it may give rise to a medical negligence claim.
At Lacey Solicitors, our team of dual-qualified medical negligence solicitors in Belfast and Dublin has extensive experience handling complex claims across both jurisdictions. Whether your case involves NHS care in Northern Ireland, or a hospital in the Republic of Ireland, we are here to provide clear, confident legal advice.
What Is Medical Negligence?
Medical negligence, also known as clinical negligence, occurs when a healthcare provider fails in their duty of care and causes avoidable harm. Legally, two key elements must be proven:
- Breach of Duty – The standard of care was below that expected of a reasonably competent medical professional.
- Causation – This breach directly caused the patient’s injury, deterioration, or loss.
Common examples of clinical negligence include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Incorrect medication or treatment
- Failure to obtain informed consent
- Poor aftercare or failure to monitor post-surgery
Why Are Medical Negligence Cases So Complex?
Unlike accidents at work or road traffic collisions, clinical negligence cases are medically technical and legally challenging. A poor outcome alone is not sufficient to prove negligence. Instead, the patient must demonstrate that:
- The treatment received was substandard compared to a reasonable professional standard, and
- That substandard treatment caused the harm, not just the underlying condition or its progression.
This requires in-depth analysis and expert medical opinion — both of which Lacey Solicitors can arrange as part of your claim.
The Legal Standard in the UK: The Bolam and Bolitho Tests
In Northern Ireland, the courts apply the Bolam Test, which originated from the landmark 1957 case Bolam v Friern Hospital Management Committee. Under this test:
A medical professional is not negligent if their actions are supported by a responsible body of medical opinion, even if other professionals disagree.
However, the Bolitho decision (1998) added an important condition: the expert opinion relied upon must also be logical and defensible. It is not enough that a group of doctors agree — their reasoning must be sound and based on best practice.
Informed Consent and Modern Patient Rights
Another critical development in medical negligence law is the emphasis on informed consent. In Montgomery v Lanarkshire Health Board (2015), the UK Supreme Court ruled that:
Doctors must inform patients of any material risks that a reasonable person would want to know.
This overturned older practices where doctors might withhold information under the notion of “therapeutic privilege.” Today, patient autonomy is central — and failing to obtain informed consent may itself amount to negligence.
The Irish Legal Test: The Dunne Principles
In the Republic of Ireland, the legal threshold is slightly different. The leading authority is the 1989 case Dunne v National Maternity Hospital, which states:
A medical professional is negligent if they acted in a way that no equally qualified professional would have, if exercising ordinary skill and care.
This standard was confirmed as recently as 2020 in Morrissey v HSE & Others and remains the cornerstone of Irish clinical negligence law. It sets a higher bar than NI’s Bolam/Bolitho test, making expert witness support even more essential in Irish cases.
The Role of Expert Medical Evidence
At Lacey Solicitors, we work with experienced, independent medical experts who can:
- Assess whether the care fell below standard
- Provide insight into whether this breach caused harm
- Explain whether alternative treatment could have prevented the outcome
Their reports form the foundation of your case and are essential to success.
Time Limits: Don’t Miss the Deadline
Strict time limits apply to medical negligence claims:
- Northern Ireland: You must start legal proceedings within 3 years of the date of negligence, or the date you first became aware of it.
- Republic of Ireland: The limitation period is generally 2 years.
To avoid losing your right to claim, we recommend seeking legal advice as soon as possible.
Why Choose Lacey Solicitors for a Medical Negligence Claim?
With offices in Belfast and Dublin, Lacey Solicitors offers a unique cross-border service. Our dual-qualified team understands the differing laws, procedures, and court systems in both the NI and ROI — a vital advantage in medical negligence cases that involve treatment across jurisdictions.
We can help you with:
- NHS and HSC Trust medical negligence claims
- Private hospital treatment failures
- GP misdiagnosis or delayed referral
- Birth injury or paediatric claims
- Cross-border or international healthcare issues
Our Approach to Medical Negligence Claims
✅ We listen carefully to your story
✅ We explain your legal options in plain English
✅ We gather the necessary medical evidence and reports
✅ We fight for fair compensation and justice in your medical negligence claim
Contact Lacey Solicitors Today
If you or a loved one has suffered due to medical negligence in Northern Ireland or the Republic of Ireland, we are here to help.
📧 Email: info@laceysolicitors.com
🌐 Website: www.laceysolicitors.com
Trust our experience. Let us help you move forward.
