Sep 7, 2026 · 28 min · 9 segments
Today I’m joined by Emmett Halley, a partner at Emmett Halley Solicitors, and one of the top experts in medical negligence law. Today, we’re going to unpack what medical negligence really means…
Emmett HalleyGuest
Suzanne ParkerHost
Looking at the process and the procedure generally, if somebody says to you, OK, I'm ready, I want to take this case.
Any provision for medical services would go, I know you can go straight to, to court proceedings, but you have to have an expert report in your possession before you can launch a high court writ against whoever you're taking the case.
Now, in cases where, for example, the person comes in to you late, say the two years, there are statute of limitations issues that you have to take a case with normally within two years of possession.
And if if if it's unlikely that, A, you're going to get the medical records in time and B, you're going to get an expert report.
What you can do is you can issue a protective summons that stops the clock against you.
You know, there are different areas, you know, and it's a bit complex to go into, but My advice is go to your solicitor to discuss those issues because it does, because they are quite complex on time, you know, unless it's clear cut as to when the time was when the event happened.
And one of the kind of the questions you will probably be asked first is how long is this going to take? When can I get my money? Yeah.
And I know there's no answer to that, but maybe explain just what the answer is.
The big issue is a to get the medical reports out of sorry, the medical records from all the various hospitals.
And that's that process takes a long time because the hospitals sadly are inundated with requests for medical records.
And, you know, you could be waiting a month, three months, six months, 12 months to get records.
And then, of course, there's no point trying to instruct an expert until you have the records because they won't do it.
So really, your time, if everything were going well, swimmingly well for you, two years, I'd say,
Looking at the process and the procedure generally, if somebody says to you, OK, I'm ready, I want to take this case.
Any provision for medical services would go, I know you can go straight to, to court proceedings, but you have to have an expert report in your possession before you can launch a high court writ against whoever you're taking the case.
Now, in cases where, for example, the person comes in to you late, say the two years, there are statute of limitations issues that you have to take a case with normally within two years of possession.
And if if if it's unlikely that, A, you're going to get the medical records in time and B, you're going to get an expert report.
What you can do is you can issue a protective summons that stops the clock against you.
You know, there are different areas, you know, and it's a bit complex to go into, but My advice is go to your solicitor to discuss those issues because it does, because they are quite complex on time, you know, unless it's clear cut as to when the time was when the event happened.
And one of the kind of the questions you will probably be asked first is how long is this going to take? When can I get my money? Yeah.
And I know there's no answer to that, but maybe explain just what the answer is.
The big issue is a to get the medical reports out of sorry, the medical records from all the various hospitals.
And that's that process takes a long time because the hospitals sadly are inundated with requests for medical records.
And, you know, you could be waiting a month, three months, six months, 12 months to get records.
And then, of course, there's no point trying to instruct an expert until you have the records because they won't do it.
So really, your time, if everything were going well, swimmingly well for you, two years, I'd say,
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