Frequently Asked Questions

Why Choose P.A. Duffy For Your Medical Negligence Claim?

  • At P.A.Duffy and Company our solicitors have vast experience in dealing with a wide range of medical negligence claims, from mistakes made during plastic surgery to claims on behalf of parents whose child was born with cerebral palsy. This leaves us well placed to represent you in whatever claim you wish you make.
  • We have strong working relationships with barristers who specialise in this area.
  • We are one of the few firms that offer cross-border services for medical negligence claims in both Northern Ireland and the Republic of Ireland.

How Likely Am I To Succeed In Making A Claim?

  • Pursuing a claim for compensation for medical negligence is never a decision to take lightly. If you are unsure about whether or not a medical professional is at fault we will provide an initial consultation to talk you through the legal details and identify whether not a viable claim exists.
  • You should keep in mind that a medical professional does not need to be 100% responsible to fulfil the criteria for medical negligence.
  • For a court to establish medical negligence you will need to be able to prove on the balance of probabilities that the party at fault owed you a duty of care, that they breached that duty and that breach caused damage to you.
  • To put this into context, the standard of proof for a criminal case will generally be ‘beyond a reasonable doubt’ which requires close to 100% proof. Whereas, in a medical negligence case the ‘balance of probabilities’ standard is a much lower threshold and does not require absolute certainty.

How Do I Make A Claim For A Child Or Vulnerable Adult?

  • A child under the age of 18 years old and individuals who do not have the mental capacity to make important decisions such as this will need someone to make the claim on their behalf.
  • Parents or close relatives will generally act on behalf of a child or vulnerable adult as their ‘next friend’ and make decisions in their best interest.
  • In some circumstances it will not be appropriate for a relative or parent to act as a ‘next friend’. In such cases an official solicitor may carry out this responsibility and act in the best interests of the child or vulnerable adult.

What Damages Am I Likely To Receive?

  • General Damages – a court may award you general damages for ‘pain, suffering and loss of amenity’.
  • Special Damages – a court may award you special damages for financial losses incurred as a result of your injury. This can include a range of expenses including loss of earnings and care costs.
  • The damages you receive will depend on each particular case and the severity of injuries. Obviously, for a case where medical negligence has resulted in permanent damage or injury the damages awarded will be greater than if someone has a quick recovery with no lasting effects.

Free Enquiry

Call us on 028 8772 2102 (UK) / 01 533 7860 (IE), or send us a free enquiry