Medical and clinical negligence can result in some of the most severe and life-changing injuries. As a result, cases can often be complicated. It is essential that you instruct a highly specialised legal team to handle your Medical Negligence claim for you, not only so that you receive the maximum amount of compensation owed to you, but also so that your case is resolved without further difficulty for you and your loved ones.

We have extensive experience in helping people make successful claims under a broad range of circumstances involving Medical Negligence, including;

This list is not exhaustive and if you have suffered an injury at the hands of a medical professional get in touch with our team. We can help you get the compensation you deserve.

Although ‘no win on fee’ arrangements are not permitted in Northern Ireland, we will ensure that every effort is made to assist you in finding a way to fund your medical negligence case and that you are not financially exposed in anyway.

In addition to that we will ensure you keep 100% of your compensation.

See below some of the ways to help you finance your medical negligence case:

At Brendan Kearney & Co, we help clients with applying for legal aid assistance.

Legal aid is intended to help people who cannot fully afford legal representation, secure legal representation, and is administered by the Legal Services Agency for Northern Ireland (LSANI).

To determine if you are entitled to legal aid, your financial eligibility and the overall merit of your case is considered by the LSANI.

To assess your eligibility for legal aid and the merits of your case, please contact us on 028 71 266935 and a solicitor from our medical negligence team will guide you through the process and provide specific advice based on your circumstances at no cost to you.

After the Event (ATE) insurance provides financial cover for legal costs and disbursements associated with pursuing a medical negligence case. It is often used in personal injury and medical negligence actions to provide protection against the risk of having to pay the opponent’s legal costs if the claim is unsuccessful.

If any of our clients are not entitled to the benefit of legal aid, we work with an insurance company who assists us in providing risk-free insurance cover to our clients, which covers the cost of taking a medical negligence case and protects clients from any risk to costs in the very unlikely event that their case is lost.

Where the insurance company we work with differs from standard insurance providers is that they provide funding for expert medical reports which are very expensive in medical negligence cases.

How the application process works is that an offer of insurance is made to the client (just like car insurance for example) and once agreed an insurance policy is taken out. The premium is then payable upon conclusion of the case and the premium is only payable by the client if they win their case which in some respects is similar to a ‘no win no fee’ arrangement.

Benefits of ATE Insurance:

1. Financial Protection
ATE insurance provides financial protection in that if the case does not continue due to unsupportive medical evidence, or is unsuccessful, the client does not pay back anything. This allows our clients to pursue their legal case fully without the fear of being personally liable for adverse costs.

2. Funding of Medical Reports
Expert medical reports in medical negligence cases are very expensive and these cases often require several medical reports to be obtained. Because this would come at great expense to our clients we wanted to find ways to ensure our clients are financially protected and the ATE insurance company we now work with provides funding to cover the costs of all medical reports in cases taking this financial burden off our clients’ shoulders.

3. Access to Justice ATE insurance helps ensure access to justice by removing financial barriers. Clients who are over the financial threshold for legal aid can still pursue their medical negligence case and seek compensation with the benefit of ATE insurance.

At Brendan Kearney & Co, we will explain everything to you clearly and concisely, to ensure you fully understand the best options for you. To discuss a legal matter you require assistance with, call us on 028 71 266935 and we will get back to you right away.

Medical Negligence cases are complex and clients often have a number of questions about the process. To assist our clients with that, we have set out below answers to the common questions we get asked.

• Formal Complaints
• Serious Adverse Incidents (SAIs)
• How much compensation am I entitled to?
• Pre-Action Protocol for Clinical Negligence Actions in Northern Ireland

If you have concerns regarding the standard of care provided to you or a loved one by a healthcare provider, you are entitled to raise a formal complaint citing the issues of care you have concerns with. This process provides patients with the opportunity to express dissatisfaction with any aspect of their treatment and allows for open communication with the clinicians involved. The complaint procedures for Healthcare Trusts are readily available online and you may find it useful to discuss the process with a member of our Medical Negligence team who are more than happy to assist.

In Healthcare, a serious adverse incident typically refers to a significant and unintended incident or event that results in harm, injury, or negative outcomes to individuals, patients, service users, or others involved.

These events can include medical errors, patient falls, medication errors, surgical complications, infections, or any other incidents that lead to severe harm or death of a patient.

A serious adverse incident must be reported to the Health and Social Care Board and can be any event or circumstance that could have or did lead to harm loss or damage. Harm can be defined as an injury (physical or psychological), disease, suffering, disability, or death.
The events are subject to investigation and review to understand the causes and contributing factors, with the aim of preventing similar incidents from happening in the future and conclude with a Serious Adverse Incident (SAI) Report. Reporting and analysing SAIs are crucial for learning from mistakes and improving patient safety standards and protocols.

The response to a serious adverse incident may involve notifying the appropriate authorities, investigating, implementing changes, and communicating with the affected individuals or their families.

If you have been notified of a SAI Investigation in respect of your care, Brendan Kearney & Company can provide specialist advice and guidance during this very difficult time.

To discuss your specific circumstances with a member of our specialist Medical Negligence team, call us today on 028 71 266935 or complete our online enquiry form.

In Northern Ireland, damages for injuries typically consider the following factors:

1. General Damages
General damages compensate the injured party for pain and suffering, loss of amenity and the overall impact the injury had had on their life and well-being. The amount awarded will depend on the severity of the injury and the long-term consequences.
The Green Book- Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland is a useful resource for courts and practitioners in the assessment of damages in personal injury cases in Northern Ireland.

2. Special Damages
Special damages refer to specific financial losses as direct result of the injury which may include loss of earnings (past and future), medical expenses, rehabilitation costs, past or future care needs or any other expenses incurred which are related to the injury.

Each personal injury/medical negligence case is unique, and the calculation of compensation will vary depending on the specific circumstances of each case. It is our job to gather all necessary medical evidence, assess the damages, and guide you through the legal process to achieve the best possible outcome for your case. Brendan Kearney & Co are specialist Personal Injury and Medical Negligence Solicitors and will ensure that you receive the maximum compensation you are entitled to for your injuries and losses.

The Pre-Action Protocol applies to all Clinical Negligence Actions in the High Court in Northern Ireland. The protocol sets out the steps that all parties involved should take before commencing formal legal proceedings and aims to encourage early communication between the parties, disclosure of sufficient information so as to enable understanding of the issues and encourage early resolution.

Pre-Action Protocol and Investigation
During this stage, our team will investigate the claim by gathering the medical records and obtaining expert evidence to determine if there are grounds for a medical negligence case.

Letter of Claim
If there are grounds for a claim a formal Letter of Claim will be sent to the relevant healthcare provider outlining the details of the case, the alleged negligence and injuries suffered providing sufficient information to allow for investigations to commence.

Letter of Response
The healthcare provider should respond with a Letter of Response within 4 months from receipt of the Letter of Claim stating whether liability is admitted or denied.

Issuing Court Proceedings
If the parties cannot reach a settlement or the case is particularly complex court proceedings will have to be issued in the High Court.

Pleadings
A Statement of Claim will be served by us on behalf of our client (known as the Plaintiff), which is a court document formally pleading the allegations of negligence and injuries suffered. The Defendant will response with a Defence which sets out their position.

Discovery/Expert Reports
Both parties then exchange relevant documents and expert reports.
Following the exchange of medical evidence, the experts meet to try to narrow the issues in dispute in the case.

Court Hearing
If a settlement cannot be reached, the case will proceed to trial, however trials in medical negligence cases are very rare given the cost of running these cases which the Defendants would have to pay.

Brendan Kearney & Co. Solicitors strive to resolve your case without delay, which is why we avoid court action where possible. This means that in the vast majority of cases a court hearing is not required.

If you need a legal team ready to support you and fight for your best interests contact us today. Our solicitors are not only tenacious lawyers who get results but are also supportive and understanding throughout your case. We will explain everything to you clearly and concisely, to ensure you fully understand the best options for you. To discuss the specific circumstances of your case with a lawyer that can help, call us now on 028 71 266935 or complete our online enquiry form and we will get back to you right away. We look forward to getting you the help you need.