Hospital negligence claims in Ireland are complex and require detailed medical and legal analysis.
According to the State Claims Agency Annual Report 2024, the agency paid EUR 210.5 million in clinical damages in 2024 and managed 10,968 active clinical claims at year-end.
The estimated outstanding liability across the system stands at EUR 5.35 billion.
These figures reflect the significant volume of hospital negligence litigation in Ireland and the importance of experienced legal representation for patients and families affected.
Our legal team handles hospital negligence claims across all clinical specialities.
What is hospital negligence?
Hospital negligence occurs when a patient sustains a personal injury due to a hospital’s error.
The hospital has a duty of care to the patient to provide the highest possible standard of treatment and ensure that all surgeries and assessments are carried out carefully and safely.
In appropriate circumstances and when a diagnosis is involved, it should be accurate.
Hospital Negligence may occur in the emergency department (A&E), in the emergency room, at a specialist appointment referred by a doctor, or during treatment in the hospital.
We understand that enduring a situation in which hospital negligence has occurred can be deeply distressing for the patient, as the patient may not know where to seek redress or, in a more serious case, where the damage is irreversible.
Hospital negligence claims in Ireland
In September 2024, the Minister for Health published the Report of the Interdepartmental Working Group on the Rising Cost of Health-Related Claims, which includes recommendations to address the rising costs of these claims.
These statistics highlight a concerning trend in hospital negligence claims within the country. Ref: Gov.ie
- In Ireland, the number of hospital negligence claims has been increasing over recent years. According to the State Claims Agency, 105,424 incidents were reported in 2021, up from 100,930 in 2020 and 79,403 in 2017. Ref: RTE
- Financially, the Health Service Executive (HSE) has paid over €832 million in medical negligence cases since 2014, with €108 million disbursed in the first five months of 2019 alone. Ref: The journal
- By the end of 2022, there were 3,875 active clinical claims in Ireland, with an estimated total liability of €3.85 billion. Ref: BMJ Journals
Common types of hospital negligence
Hospital negligence occurs when a member of the hospital staff, medical professionals, or practitioners makes an incorrect decision or fails to diagnose an illness and treat it promptly.
These are the common types of Hospital Negligence that can typically occur.
Below is a non-exhaustive list of examples of hospital negligence by hospital staff, medical professionals, and practitioners
- Failed to administer and or carry out the treatment on time;
- Administered incorrect treatment;
- Made an error during a surgical procedure;
- Carried out radical treatment that could be avoided where a more conservative treatment path was available;
- Failed to monitor the fluid levels of the patient;
- Allowed the patient to suffer hospital-acquired infections, pressure sores or other such injuries due to an unhygienic hospital environment or substandard system of patient care;
- Failed to obtain informed consent from the patient before carrying out surgery;
- Failed to communicate and explain the known risks of a surgical procedure to the patient;
- Provided substandard care around childbirth to either mother or child or both;
- Failed to refer a patient to another specialist where it was necessary to do so;
- Failed to prescribe and administer correct medication;
- Inadequate follow-up care
If you have questions surrounding an incident you have experienced that you believe may be a form of Hospital Negligence, don’t hesitate to contact our hospital negligence claim team to find out more.
Causes of hospital negligence
There can be several reasons why Hospital Negligence can occur.
Some common causes may be
- Junior staff members and medical professionals/practitioners who may be less experienced;
- The high level of stress that medical staff members are under in the hospital environment;
- There is a lack of hospital resources to allow the medical staff members to do their jobs properly, safely, and to the highest quality standard for the patient.
Statute of Limitation
In Ireland, the statute of limitations for a hospital negligence claim is two years less one day from the date of the incident or from when the injury was discovered (known as the date of knowledge).
This means you have just under two years to initiate legal proceedings from the moment you become aware of the injury and its connection to the negligence.
Acting quickly is crucial, as failing to do so within this timeframe may be a problem for you. For more detailed information, please visit the Statute of Limitations page.
Frequently Asked Questions
What is a hospital negligence claim in Ireland?
A hospital negligence claim in Ireland arises when a hospital, or a healthcare professional working within a hospital, provides treatment that falls below the standard expected of a reasonably competent practitioner in that field, and that substandard treatment directly causes injury to the patient.
The legal standard was established in Dunne v National Maternity Hospital [1989] IR 91, which requires that the court ask whether no ordinarily competent practitioner would have acted in the same way.
Hospital negligence claims may arise from surgical errors, misdiagnosis, delayed diagnosis, anaesthesia errors, medication errors, or failures in post-operative care. Claims are brought against the HSE, private hospitals, or individual practitioners, and are not required to go through PIAB assessment.
How long do I have to make a hospital negligence claim in Ireland?
In Ireland, the limitation period for a hospital negligence claim is two years from the date of knowledge under the Statute of Limitations (Amendment) Act 1991.
The date of knowledge is the date on which a person first had knowledge, or ought reasonably to have had knowledge, that the injury was caused or contributed to by the negligent act or omission.
For claims involving children, the two-year period does not begin to run until the child turns 18 years of age. Given the time required to obtain and review medical records, commission expert medical reports, and instruct legal teams, early legal advice is strongly recommended.
Does a hospital negligence claim have to go through PIAB?
No. In Ireland, medical negligence claims, including all hospital negligence claims, are exempt from the Personal Injuries Assessment Board (PIAB) process under Section 3(3) of the Personal Injuries Assessment Board Act 2003. This means proceedings can be issued directly in the courts without first obtaining authorisation from PIAB.
What evidence is needed to support a hospital negligence claim?
To support a hospital negligence claim in Ireland, the following evidence is typically required:
- Full medical records from all treating hospitals and clinicians;
- An independent expert medical report from a suitably qualified practitioner in the relevant speciality confirming that the standard of care was breached;
- A causation report establishing that the breach caused or materially contributed to the injury suffered; and,
- Where relevant, an actuarial or employment report addressing the financial impact of the injury.
Under the Patient Safety Act 2023, patients have a statutory right to receive an open disclosure of serious patient safety incidents from the relevant healthcare provider.
How are hospital negligence claims resolved in Ireland?
Hospital negligence claims in Ireland are resolved through several routes. According to the State Claims Agency, 43 per cent of concluded clinical claims in 2024 involved mediation, up from 32 per cent in 2022, and 56 per cent of claims were resolved without court proceedings.
Options include early settlement negotiations through solicitors, mediation, the Personal Injuries Resolution Board for eligible claims, and, where agreement cannot be reached, a full hearing in the High Court.
The majority of cases that proceed to litigation settle before trial. All settlement agreements in personal injury cases are subject to court approval.
Coleman Legal LLP is a Dublin-based personal injury and medical negligence law firm acting for clients across Ireland in hospital negligence claims involving HSE hospitals, private hospitals, and individual healthcare practitioners.
