If you have suffered an injury or your health has been affected because something went wrong with your medical care, you may be able to make a medical negligence claim. A claim can help you seek compensation for the impact the injury has had on your life. At Wilson Nesbitt our team can help you with this process.
WHAT ARE MEDICAL NEGLIGENCE CLAIMS
These are claims where someone has suffered injury as a result of:- Birth injuries to both mother and child
- Misdiagnosis or delayed diagnosis
- Surgical negligence
- Medication and prescription errors
- Failure to obtain informed consent
- GP and dental negligence
OUR EXPERTISE
At Wilson Nesbitt , our specialist industrial disease lawyers understand the complexities of these claims and the sensitive circumstances in which they often arise. We recognise the significant impact an industrial disease diagnosis can have on both the individual and their family, particularly where the prognosis is life-changing. We take a compassionate and understanding approach, while providing clear, practical legal advice on the individual's right to see compensation.HOW IT WORKS
- Free, no-obligation consultation – tell us what happened
- We assess your claim – liability, evidence and likely outcome
- We investigate the matter on your behalf , seeking to identify all key stakeholders
- We shall also obtain medical evidence , seeking to link your work exposure to your diagnosis
Who We Help
We help anyone who has suffered an injury due to negligent medical care or treatment.Key Contacts
Scott Smid
Associate
Joe Sweeney
Solicitor
The limitation period for personal injury or death is three years, running from either the date of injury or the date the person first realised they’d suffered a significant injury attributable to someone else’s negligence. This is sometimes called “the date of knowledge” and is often relied on in Industrial Disease claims. In the unfortunate event of someone dying as a result of an industrial disease, the family may be able to bring a claim within three years of their death.
General damages
These are damages for your injuries. They are split into injuries for pain and suffering and loss of amenity. You can recover compensation for both physical and psychiatric injuries. These injuries need to be supported by medical evidence that we shall organise for you.Special damages
Special damages relate to quantifiable losses that arise as a result of the exposure. These include loss of earnings, the cost of care (both past and future) where your condition has necessitated care needs, loss of services to loved ones and in cases where a fatality is involved, heads of loss arising out of earnings and services that loved ones would have provided had it not been for their premature death. In complex cases, Wilson Nesbitt has trusted third-party suppliers to provide expert reports on these heads of loss.
To receive compensation in a medical negligence claim, it is necessary to prove:
- Breach of Duty – i.e. the standard falls below that of a practice accepted as proper by a responsible body of medical experts in that field.
- Causation – the Breach of Duty has caused damage which will be quantified by obtaining medical reports.
If your claim is successful, we shall recover legal costs from the other side. However, our experienced team will work with you to ensure that any potential adverse costs exposure is minimized.
In limited cases, depending on financial circumstances, Legal Aid may be available.
We will explore whether you have the benefit of legal expenses insurance and whether your case is appropriate for After the Event Insurance (ATE) to minimize the risk of litigation.
No win no fee does not exist in Northern Ireland; be wary if this is offered to you.
"Joe was attentive and kept me updated at every stage of the process in a timely fashion. Smooth process from start to finish."
Client Testimonial"Neil is tactically very good and understands what we're looking for"
Client Testimonial"Neil was exceptionally professional throughout the entire process... his expertise was clear to see and he guided me through what could have been a very difficult situation with confidence and clarity."
Client Testimonial"Joe was great at keeping in touch and transparent at every stage."
Client Testimonial"Very client focused and driven to get the best outcome for the client."
Client Testimonial