If you have sustained injury as a result or mistreatment or non-treatment while under the care of a hospital or doctor then you should seek advice in relation to a possible medical negligence claim.
In order to assess whether you have a cause of action it is necessary to carry out initial detailed investigations. We will take a full and detailed history of your case and obtain all of the relevant medical notes and records. An expert opinion will then be soughtfrom an independent consultant specializing in the relevant field ofmedicine. Their report will provide a detailed history of thetreatment and an opinion as to whether or not the injury has beencaused by medical negligence. Often the independent consultant will be based outside Northern Ireland. If the medical evidence obtained assists in proving a case of medical negligence then we will advise you in respect of issuing formal legal proceedings against theappropriate defendant.
1. Who do I make a claim against?
Whoyou will sue will depend on who was involved in your treatment. Your claim may be against more than one defendant, for example thehospital itself, and possibly the individual doctors or consultantsinvolved.
2. How will I finance the claim?
Medical negligence claims tend to be costly. This is because there are usually a number of expert witnesses retained by both Plaintiff and Defendant. Often one or more of these expert witnesses are based outside Northern Ireland. It is therefore important to have finance in place prior to issuing formal legal proceedings. Wewill advise you of your financial eligibility for legal aid. If you are not financially eligible for legal aid then we will explore other avenues of funding for you and will ensure that we fully explain all costs implications at the outset.
3. How do I prove medical negligence?
The independent consultant retained on your behalf will provide a detailed opinion as to whether there has been medical negligence in your casealong with a full explanation as to how his conclusion was reached with reference to relevant medical records and your detailedinstructions. If you have suffered injuries as a result ofmedical treatment it is not necessarily the case that a Court will findthat there has been medical negligence in the legal sense. Wewill advise you whether your case satisfies the legal criteria forestablishing medical negligence.
If you think you might be entitled to compensation in such circumstances for a free and impartial opinion please contact one of our experienced team members profiled on the right of this web page, telephone 0800 316 0696 o remail litigation@wilson-nesbitt.com.
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