Both the NHS and the private sector has exceptionally talented and caring professional that provide us with invaluable care during our most vulnerable times of need. It is a sector filled with incredibly hard-working and dedicated professionals. That said, often due to factors outside of the individual health care worker’s control such as staffing, funding etc, medical negligence can occur and when it does, we believe that the patient should be aware of their rights.

Common factors that lead to medical negligence include;

1. Communication breakdown;
2. Inadequate staffing;
3. Insufficient funding;
4. Technical failures;
5. Inadequate policies
6. Healthcare worker incompetency;
7. Inadequate training.

Here is our advice on the steps to take if you have suffered medical negligence:

1. Speak to your healthcare provider

In cases of medical negligence, it is important to prove that a healthcare professional failed in their duty of care towards you. Making a complaint about the harm you have suffered will legitimize your claim and may result in an admission of liability.

If you are seeking compensation, an admission of liability, or an admission of wrongdoing, is essential in progressing a legal claim.

2. Seek legal advice 

In most cases, seeking legal advice and instructing a solicitor with experience in medical negligence cases. 

It is important to do this as soon as possible as there is usually a three year window during which these claims can be made though it is always worth obtaining legal advice, irrelevant of how long ago the incident occurred.

It is also a good idea to create a personal timeline of events, in order to provide as much information as possible.

In medical negligence cases, your care, recovery, and compensation are the main priority. By gathering documentation of the incident, and how it impacted your well-being, you provide legal professionals with a great starting point.

3. Gather medical records and evidence 

Your solicitor will begin by requesting copies of all relevant records. 

This could include:

• Letters from your GP, or other medical professionals surrounding your condition;
• Records of your stay in hospital;
• Any reports published regarding your incident; and, 
• Records of any GP consultations, hospital visits, or medical appointments after the incident.

These records will allow legal professionals to assess your claim and determine whether a claim can be brought.

4. Obtain a preliminary opinion on liability and the likely prospects of success.

Using all the information above, your solicitor will seek an opinion from a medical expert in the relevant field to address liability.

That expert will establish who might have a duty of care, what the standard of care might be, whether there was a breach of that duty and finally what the consequences are likely to be as a result of that breach.  

This report will help direct your legal team on their next steps and is a vital step  in the initiation of a medical negligence case.

To conclude

Medical negligence is a complex area of law.  It can be draining for the victim and can easily result in significant costs and often takes significant time.

Speak to a medical negligence lawyer if you have concerns about the care given to you.  

Lacey Solicitors Belfast have dealt with and succeeded in a number of high profile medical negligence claims over the years.