Can I Claim Against the NHS in Northern Ireland?

You may be able to bring a medical negligence claim if you suffered avoidable harm because of negligent treatment provided by a public healthcare provider in Northern Ireland.

People often refer to this as claiming against the NHS. In Northern Ireland, public healthcare is usually delivered through Health and Social Care Trusts, often called HSC Trusts.

At P.A. Duffy & Co Solicitors, our experienced solicitors advise clients in Belfast, Dungannon and across Northern Ireland on specialist medical negligence support involving hospitals, GP services, public healthcare treatment and Health and Social Care Trusts.

Can I Claim Against the NHS or an HSC Trust?

Yes, you may be able to claim if negligent medical care caused you avoidable injury, illness, deterioration or loss.

It is not enough to show that treatment had a poor outcome or that you were unhappy with the care received. A claim will usually need to show that the care fell below an acceptable standard and that this caused harm that should have been avoided.

This may involve treatment provided by a hospital, clinic, GP service, ambulance service or another public healthcare provider.

What Types of Public Healthcare Negligence Can Lead to a Claim?

Claims involving public healthcare treatment may include:

• Delayed diagnosis
• Misdiagnosis
• Failure to refer for further tests
• Failure to act on test results
• Surgical negligence
• Medication errors
• Birth injury
• Failure to monitor a patient properly
• Hospital-acquired complications
• Discharge errors
• Failures in emergency care
• Poor follow-up care

Every case depends on the medical evidence and the circumstances of the treatment provided.

Who Is the Claim Made Against?

The correct defendant will depend on who provided the treatment and where the negligence occurred.

In many Northern Ireland public healthcare cases, the claim may involve the relevant Health and Social Care Trust. In other cases, the position may be more complex, especially where several providers were involved in the patient’s care.

A solicitor can help identify the correct organisation and advise what evidence is needed before a claim is progressed.

Do I Need to Prove Negligence?

Yes. A medical negligence claim usually needs to prove two key points.

First, it must usually be shown that there was a breach of duty. This means the care provided fell below the standard expected of a reasonably competent medical professional.

Second, it must usually be shown that the breach caused avoidable harm. This is known as causation.

Both parts are important. A poor outcome alone does not always mean there is a valid medical negligence claim.

What Evidence May Be Needed?

Evidence in a claim against a public healthcare provider may include:

• Hospital records
• GP records
• Referral letters
• Test results
• Scan results
• Discharge notes
• Medication records
• Complaint correspondence
• Appointment letters
• Photographs of visible injuries
• Details of symptoms and recovery
• Evidence of financial losses
• Independent medical expert reports

You do not need to have all of this evidence before contacting a solicitor. A solicitor can advise what records may be needed and how they can be obtained.

Can I Claim if I Have Already Made a Complaint?

Yes. Making a complaint does not necessarily prevent you from bringing a medical negligence claim.

A complaint may help establish what happened, but it is not the same as a compensation claim. A complaint may lead to an explanation, apology or internal review, while a legal claim focuses on whether negligence caused avoidable harm and loss.

If you have made a complaint, it may be useful to keep copies of all letters, emails, responses and investigation documents.

Do I Have to Make a Complaint Before Claiming?

Not always. In some cases, a complaint may be useful, but it is not always required before legal advice is sought.

If you are concerned about time limits, serious injury or ongoing medical issues, it is sensible to speak to a solicitor as early as possible.

A solicitor can advise whether a complaint, records request or formal claim is the most appropriate next step.

Can I Claim for Delayed Diagnosis or Misdiagnosis by a Public Healthcare Provider?

Yes, you may be able to claim if a delay in diagnosis or incorrect diagnosis caused avoidable harm.

This may include cases where symptoms were not properly investigated, test results were not acted upon, referrals were delayed or a serious condition was missed.

Related claims may include late diagnosis claims and incorrect medical diagnosis claims.

Can I Claim for Negligent Hospital Treatment?

You may be able to claim if negligent hospital treatment caused avoidable injury or made an existing condition worse.

Hospital negligence can involve emergency care, surgery, maternity care, cancer diagnosis, infection management, discharge planning, medication or follow-up treatment.

The key question is whether the care fell below an acceptable standard and whether that failure caused harm.

Can I Claim for Birth Injury or Maternity Negligence?

You may be able to claim where negligent maternity care caused avoidable harm to a mother or baby.

These cases can be complex and may require detailed review of antenatal records, labour records, CTG traces, delivery notes, neonatal records and expert medical evidence.

You can read more about related maternity negligence and birth injury claims.

Can I Claim Compensation?

If negligence is established, compensation may include damages for pain, suffering and loss of amenity, as well as financial losses caused by the negligent treatment.

This may include lost earnings, treatment costs, care costs, travel expenses, rehabilitation costs and future losses where appropriate.

You can read more about how medical negligence compensation may be assessed.

Is There a Time Limit for Claiming?

Strict time limits can apply to medical negligence claims. The relevant date can depend on when the negligence happened, when the injury was discovered and the circumstances of the person bringing the claim.

Because time limits can be complex, you should seek legal advice as early as possible if you believe you may have a claim.

Early advice can also help preserve evidence, obtain records and avoid unnecessary delay.

How Can a Solicitor Help?

A solicitor can review what happened, advise whether the case should be investigated, request medical records, obtain expert evidence where appropriate and explain the possible next steps.

They can also help identify the correct public healthcare body, assess the strength of the claim and advise whether compensation may be recoverable.

Claims against public healthcare providers can be complex, so early advice can help protect your position and ensure the right evidence is gathered.