Litigation

The term medical negligence refers to an act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the profession.
The legal process and procedures of bringing such a claim can be distressing and difficult for a patient. It is a process during which you will rely on your legal advisor to provide support as well as legal advice and we at Vincent Toher and Co. will listen to your account of events and discuss the merits and facts with you and advise you as to the best course of action for you.

We will obtain your medical records and obtain expert medical opinion to review your medical records and confirm to you that you have a sustainable claim.

We would strongly advise you to contact us as soon as practicable and in good time in the event of a potential medical negligence case

If you have suffered an injury and ensuing loss arising from a third party’s negligence or wrongdoing you may be entitled to compensation for the pain, suffering and losses incurred and you may also recover out of pocket expenses such as medical expenses and loss of earnings.
Whether injury was caused by a road traffic accident, a work related accident or going about your daily business the consequences of your injury may have a significant impact on the emotional and financial life of you and your family thereafter.

Having taken your detailed instructions we will offer legal advice in relation to the submission of your claim to the Personal Assessment Injuries Board and we will advise you on the Board’s compensation application procedures and assessment process.

We will also advise you on the merits of instituting Court proceedings and you will receive the best possible legal advice and attention ensuring your claim’s likelihood of success and maximising the level of damages recoverable. We will always endeavour to achieve a practical solution for our clients in a timely and cost effective manner.
Time is of the essence in all cases where you are considering a claim for personal injury so you should seek advice promptly. There is a general limitation imposed by Legislation which provides that such claims cannot be taken outside a period of two years from the date of the injury. There are exceptions provided for in the legislation and if there is any doubt we will explore these areas with you.

We work closely with employers and employees.

We will keep you informed and protected in relation to claims for unfair dismissal and discrimination by providing advice in relation to the drafting of employee handbooks and employee contracts.

If you are an employee, you are entitled to feel safe and secure in your workplace and that you are not subjected to discrimination or bullying at work. We at Vincent Toher and Co. have dealt with a wide range of employee claims on behalf of clients. These claims are heard either by the Workplace Relations Commission or they can also be heard in the courts when the consequences of bullying and harassment and discrimination are such that it gives rise to a personal injury claim.