A medical negligence solicitor could be useful if you have been disappointed with the outcome of medical treatment or advice from a doctor, dentist or other medical professional under whose care you or a family member have been placed. If this is the case you may have been a victim of medical negligence and we would encourage you to get in touch with an expert medical negligence solicitor from our claims and compensation team to see if we can assist you.
Medical negligence is an extremely emotive subject and our aim is to put our clients at ease and do our best to provide them with the right legal advice to create a satisfactory outcome to their case.
What constitutes medical negligence
Medical negligence constitutes any malpractice by act or omission carried out by any medical practitioner. Issues which we commonly see relate to:
a lack of informed consent
a failure to diagnose /refer for specialist treatment
post operative management
contraction of MRSA or other infection whilst in hospital care
This list is an example of the more common cases of medical negligence but there are many more instances which can constitute a case being opened. If you have had issues with any of the above or think you have grounds to file a case on in another area please speak to one of our medical negligence solicitors.
What should I do?
Medical negligence is a growing area of legal practice and such is the degree of specialism required for this type of claim that it is imperative you identify and consult with the right solicitors at the outset. If you feel disappointed with the result of a medical treatment or feel you have received incorrect or insufficient advice from a medical practitioner you may have grounds to file for medical negligence. Your first step should be to sit down with a medical negligence solicitor to discuss whether or not the injustice you have suffered justifies a claim and should be brought forward as a case.
What is involved in making a claim?
At your first consultation an expert medical negligence solicitor from our claims and compensations team will take detailed instructions from you of the circumstances giving rise to your initial treatment, your symptoms at the time of receiving advice, and the procedure or advice you received to get an understanding of your situation. You should have the following for your initial meeting:
photographic ID; passport or driving licence
Proof of Address; a utility bill, bank statement or similar document addressed to you at your home address
your National Insurance Number
your employer’s name and address
wage slips for the 6 months prior to the accident
records of any financial loss you have suffered.
details of any medical treatment, including any hospitals attended and the name and address of your own doctor
The specialist solicitor appointed to deal with your case will write to the practitioner with details of your claim. The practitioner is obliged by Court Rules to investigate and furnish a full response within 3 months of our letter It is at that stage that we can determine whether negotiations are to commence or whether Court proceedings are necessary. You will be kept fully informed throughout and will retain full control of the decision-making process.
Medical evidence will be required to substantiate your claim. If you have attended hospital or your own doctor we will ask you to complete at your consultation a Form of Authority to release hospital and/or GP notes and records to us. These will be reviewed with you, and will not be shared with anyone without your specific authority. If it becomes necessary to provide copies of GP notes and records to the other party’s insurance company or to solicitors appointed by those insurers we take great care in agreeing with you which entries are not relevant to the claim and can therefore be withheld.
You may have to attend with a medical consultant who will be asked to prepare a report for us. Consultants are specialists in the fields of medicine in which they practice and are therefore best placed to fully assess your injuries and the extent of any recovery you will make. We are very selective in the Consultants we use to ensure the highest quality of reports and that our clients are treated with the respect they deserve. The advice we give all our clients who have been injured at work is that in preparation for any appointments with consultants they should from the outset keep detailed notes of the dates of any hospital/doctor’s appointments, medication prescribed or taken, symptoms, and how day-to-day activities have been affected.
If there is an issue about how an accident arose, it may be necessary for you to attend an inspection where it happened with an engineer appointed by us. Again, we are selective about the engineers we employ who each have substantial Court experience.
How can we help?
Our claims and compensation solicitors at MKB Law are the leading experts in the area of medical negligence in Northern Ireland and have a wealth of experience in dealing with these issues. We aim to give our clients a clear explanation of:
the procedure by which the relevant medical notes and records are obtained
the steps which solicitors are obliged to follow under the pre-action protocols
the expert evidence that should be procured
forms of alternative dispute resolution costs and funding options, particularly whether legal aid is available or whether an after the event insurance (“ATE”) policy could be obtained.
Our solicitors pride themselves on their personal, professional and dedicated service and will ensure that the details of your case are explained to you in clear and simple language.