Illness and Disease Claims

Illness and Disease Claims

Illness and disease claims cover a broad range of categories and can occur in various settings such as public and private hospitals, clinics, and nursing homes. Our expert solicitors are vastly experienced in claims of this nature and can help you identify if you have been treated negligently.

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Healthcare professionals owe you a duty of care and are obligated to uphold a certain standard of care. If you feel that the treatment you received has fallen below an acceptable standard and has led to illness or disease, then you may have a claim for compensation. Common examples of negligence include incorrect diagnosis, delayed diagnosis, mistreatment, and improper care.

Types of Illness and Disease Claims

  • Infectious Disease Claims – this can include diseases such as meningitis, septicaemia and, more recently, Covid-19. Hospitals will obviously be a hub for many infectious diseases. Medical staff therefore have a duty to take steps to contain the spread of infectious disease. Failure to do so could result in a claim of negligence.

  • Hospital Infections – this includes urinary tract infections, pneumonia, and surgical wound infections. Hospitals must have an enhanced level of hygiene to reduce the risk of patients contracting these types of infections.

  • Cancer Treatment -The healthcare treatment for cancer in the UK and Ireland is generally very good. However, there are occasions when treatment falls below an acceptable level which causes problems such as the cancer spreading or becoming untreatable. Common examples of negligence we have dealt with in relation to cancer claims include mistreatment, misdiagnosis, and delay in diagnosis. The nature of most forms of cancer means that they need to be identified as early as possible to be more easily treated. When there is an unacceptable delay in diagnosis it can often lead to preventable problems arising and the cancer worsening as a result.

  • Sepsis Claims – Sepsis is a potentially life-threatening condition caused by the body’s response to an infection. Sepsis occurs when the body’s response to the chemicals released into the bloodstream to fight infection is out of balance, triggering changes that can damage multiple organ systems. If your sepsis was misdiagnosed, mistreated or there was a delay in diagnosis then you may be able to make a claim for compensation.

How We Can Help

Our medical negligence solicitors will take your instructions and be able to advise you on the merits of your case. We will also seek expert medical opinion to identify whether there has been negligence in your case.

It is important to act quickly if you believe you have been treated negligently as time limits apply for bringing a claim. We are one of the few firms who offer cross-border services, therefore, we represent clients from the UK and Ireland and have expertise in the law in both jurisdictions.

Make an initial enquiry. We will always discuss the funding options which are available to our clients, including Legal Aid, litigation insurance and private paying.


How do I make an illness and disease claim?

If you have suffered an illness or disease as a result of medical negligence on the part of a doctor, midwife or other healthcare practitioner, you are advised to speak to a solicitor as soon as possible.

If you ask us to represent you, we will start by taking details of the event and assess what has happened and who is responsible. We will put together evidence in support of your claim and contact the relevant health trust to advise them of the claim.

We will ask our medical experts to carry out examinations and write a report about the harm have suffered. This will form the basis of your case.

If the other side admits liability, we will negotiate with them to agree on the amount of compensation to be paid to you. Where they deny liability or the amount of compensation offered is not sufficient, your case will go to court. We will ensure that you have our support throughout and that you are represented by an expert medical negligence advocate.

What will I receive compensation for in an illness and disease claim?

Compensation can be awarded for a range of issues, including:

  • Pain and suffering

  • Reduction in quality of life, or being unable to enjoy normal activities

  • Psychological damage

  • Financial losses, such as loss of earnings

  • Long-term care, for example, if you will need help throughout your life

How much illness and disease compensation will I receive?

The size of these types of compensation payments varies widely depending on the severity of what has happened. If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of illness or disease you have endured.

How can I finance an illness and disease compensation claim?

We recognise that funding a compensation claim can be a concern. And so, we provide several financial solutions. These include,

  • Legal Aid

  • Legal expenses cover

  • After the Event insurance (ATE insurance)

  • Private payment

What is the time limit for bringing an illness and disease compensation claim?

For an adult, there is a three-year time limit for bringing a medical negligence claim. This is known as the limitation period. It runs either from the date of the negligent incident or the date that you became aware of the injury you suffered.

In the case of a child, the three-year time limit runs from the date of their 18th birthday.

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Our Medical Negligence Solicitors

Naomi WhiteNaomi WhiteSolicitor
Gary DalyGary DalySolicitor
Conal McGarrityConal McGarrityDirector
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