Medical Negligence - Frequently Asked Questions

What is medical negligence?

If you have received substandard treatment from a health professional which has caused you an injury you should seek professional advice in respect of making a medical negligence claim. If a loved one has sadly died due to substandard care you may be able to commence a claim on their behalf.

Are there time limits?

Medical negligence claims are restricted by time limits. Typically, a medical negligence claim must be issued with the courts within three years from the date on which you first became aware that you suffered a significant injury as a result of medical treatment.

There are exceptions to this limit and you should consult a solicitor to consider whether these would be applicable to you.

If a minor has been caused injury or illness as a result of medical negligence the minor will have until their 21st birthday to submit a claim to the courts for medical negligence.

To avoid issues with time limitation it is important that you seek legal advice from a solicitor as soon as you suspect that you or a loved one may have been a victim of medical negligence. The experienced team at JCP Solicitors would be able to advise you of any time limitations affecting your claim.

What do you need from me?

In our initial conversation or client meeting, we would just need information from you of the negligence you suspect you have received and events leading up to and following the incident.

If you find it easier to recall events by writing them down we would be happy to receive a timeline of events. Knowing an approximate date of the treatment you believe was unacceptable and when you became aware that you suffered an injury as a result of it, will help us best advise you as to any time limitation issues. Additionally keeping a written record of any symptoms and hospital appointments may help you recall at a later date the effects of the negligence. However, this is not essential.

You will not need to provide us with your medical records. Should you instruct us in your claim we would request these directly from your GP/Local Health Board. 

How much will it cost me?

We are happy to meet with you in person or speak via telephone to initially discuss your claim and advise whether we would be able to assist. This initial discussion would be completely free of charge.

If you wish to continue to instruct us we may be able to offer you a no-win, no-fee agreement. This means that if your claim is unsuccessful you would not need to pay our fees.

Sometimes Home Contents insurance policies cover legal expenses and you would be able to contact your insurer directly to confirm this. Alternatively, we would be happy to speak with your insurer on your behalf.

A full discussion as to funding arrangements would be covered in our initial free consultation.

What’s the process?

If you instruct us to investigate your claim the first step we will take is to obtain your medical records. Following this, we will request the opinion of a medical expert in the particular field as to whether the treatment you received fell below the minimum standard of care you were owed.

Opinion from medical experts will assist us in providing you with advice as to the strength of your medical negligence claim and whether the claim should be brought against the medical professionals. In addition to obtaining expert evidence in respect of the standard of treatment you received we will also need expert evidence on causation; to confirm that the injury you suffered directly stemmed from the negligent medical treatment you received.

We will also obtain an expert opinion in respect of your current condition and the care you require, it is important when bringing a claim that the financial losses you have incurred as a result of your injury are fully considered.

We will endeavour to settle your claim outside of court, however, if a resolution is unable to be reached your claim may need to be decided upon in court. We will support and guide you through every step of the claim and our experienced team are on hand to ensure that you feel comfortable and informed throughout the process.

If you think you or a loved one may have been an object of medical negligence please contact one of our experienced medical negligence team below or contact your local office here.