Useful information

• Medical Negligence Solicitors
• Birth Injury Claim
• Paediatric Negligence Claim
• Dental Negligence Claim
• Hospital Negligence Claim
• GP Negligence Claim
• Statute of Limitation
• No Win No Fee Guide

How to make a medical negligence claim in Ireland [2025]

Navigating a medical negligence claim in Ireland can feel overwhelming, but we’re here to help you understand how to pursue justice and compensation. If you believe you’ve experienced harm due to a medical error, the first step is to understand your rights and the process. At Coleman Legal LLP, we have over 30 years of experience helping clients seek justice. This page guides you through the process of initiating a medical negligence claim in Ireland, from your initial consultation to accessing the specialist care you may need. We aim to make this process clear and straightforward, helping you secure the best possible outcome.

For confidential assistance, please call 1800-844-104 or email [email protected]. You can also visit us at our 84 Talbot Street, Dublin 1, Ireland office.

Understanding medical negligence in Ireland

Medical negligence, also known as clinical negligence, occurs when healthcare providers fail to meet the expected standards of care and harm patients. It may occur in various healthcare settings, including hospitals, GP surgeries, and nursing homes.

5 essential steps for filing a medical negligence claim

If you believe you’ve suffered an injury due to substandard care from a medical professional or institution. In that case, it’s essential to understand the steps involved in pursuing a medical negligence claim. While every case is unique, the following steps outline the general process:

1. Understand your time limits

In Ireland, the statute of limitations for medical negligence claims is two years from the date you were injured. This time limit can be extended in certain circumstances, but starting the process as soon as possible is always best. Our solicitors can guide you on whether you qualify for any exceptions.

2. Contact a solicitor specialising in medical negligence claims

It’s essential to contact a solicitor specialising in medical negligence claims. They will listen to your case, gather crucial details, and advise you on the next steps. Prepare a timeline of events, noting the relevant dates and the healthcare providers involved. This will help your solicitor gain a better understanding of your situation.

3. Collect your medical records

Your medical records are key to building your case. You have the right to access these records under data protection laws. With your consent, your solicitor can request the records from the relevant healthcare providers. These records will help identify where your care may have fallen short and whether there is a clear link to your injury.

4. Obtain an medical expert report

To strengthen your claim, an independent medical expert will review your medical records and provide an opinion on whether your treatment met the expected standards. In Ireland, medical experts who offer reports in negligence cases are often based outside the country to ensure impartiality. This expert opinion is essential for proving that negligence occurred and that it directly caused your injury. Depending on the case’s complexity, additional expert reports may be necessary.

5. Legal proceedings

If expert reports confirm that negligence and causation have been established, your solicitor will initiate legal proceedings. A legal summons will be sent to the responsible healthcare provider. At this point, the defendants may admit fault and enter negotiations to settle the claim. However, if the case is not settled, it may proceed to trial, where a judge will assess the evidence and determine whether you are entitled to compensation.

Common types of medical negligence

Medical negligence can manifest in various forms, including

• Misdiagnosis Claims: Incorrectly identifying a patient’s condition, leading to inappropriate or delayed treatment.
• Surgical Errors are mistakes made during surgery, such as operating on the wrong site or leaving foreign objects inside the body.
• Medication Mistakes: Errors in prescribing or administering medication, including incorrect dosages or harmful drug interactions.
• Birth Injury Claims: Injuries sustained during childbirth due to negligence, affecting either the mother or the child.
• Delayed Diagnosis: Failing to promptly identify severe conditions like cancer, leading to worsened outcomes. These are just a few examples; medical negligence can take many forms.

Other medical negligence claims

1. Birth injury claim

If your child has experienced a birth injury and you suspect medical negligence may have occurred, we can help you understand the legal process involved. We assist families across Ireland in exploring the possibility of compensation where appropriate, including for conditions such as cerebral palsy or brachial plexus injuries.

2. Dental negligence claim

Patients may experience dental negligence due to errors such as incorrect extractions, nerve damage, or failure to diagnose oral conditions. Our team supports clients across Ireland in bringing dental negligence claims to seek compensation and accountability.

3. GP negligence claim

If you believe that the standard of care from your GP or medical practitioner caused you harm through delayed referral, misdiagnosis, or a failure to act, you may be eligible to make a complaint or pursue a legal claim.

4. Hospital negligence claim

We handle legal matters arising from medical and clinical care. These include hospital-acquired injuries, surgical errors, delayed test results, medication mistakes, and miscommunication between medical professionals. We guide those who believe their care may have fallen below an acceptable standard.

5. Medical misdiagnosis claim

If your diagnosis was missed or delayed and your condition worsened as a result, this may be considered medical negligence. Claims often arise from undiagnosed cancers, infections, strokes, or heart issues. We can help assess whether a claim may be appropriate in your case.

6. Clinical negligence claim

What is clinical negligence, and how does it differ from medical negligence? Clinical negligence refers to harm caused by a healthcare professional’s breach of duty, such as misdiagnosis or surgical errors. It is often used interchangeably with medical negligence. Our solicitors handle both types of cases across Ireland.

Time limits

It is essential to understand the time limits, or statute of limitations, for making a medical negligence claim in Ireland. According to the law, you must file your claim within two years from the date of the alleged negligence. If you fail to do so, your claim may be dismissed. However, there are some exceptions to this rule. If the injury or harm was not immediately discovered, the two-year period may begin from when the injury or negligence was identified. In certain circumstances, this could provide additional time to file a claim. Nonetheless, the timeframe is still limited, so consulting with a solicitor as soon as possible is essential.

Time limits involving children?

In most medical negligence claims involving adults, legal proceedings must begin within two years from the date of injury or knowledge of injury. However, for cases involving children, the limitation period generally does not start until the child reaches the age of 18. This means a claim can usually be brought up until the child turns 20. Early advice is recommended to ensure time is not lost gathering evidence.

Recent trends in medical negligence claims

Over the past five years, the number of medical negligence claims in Ireland has increased significantly. In 2020, the State Claims Agency (SCA) reported 3,972 medical negligence cases, an increase of 225 cases from 2016. The most common areas for these claims include obstetrics, accident and emergency, neurology, and general surgery. This upward trend highlights the growing concerns regarding patient safety and the quality of healthcare services.

References

• State Claims Agency. (2021). NTMA Annual Report 2021 State Claims Agency. Link
• State Claims Agency. (2020). NTMA Annual Report 2020. Link
• State Claims Agency. (2019). Annual Report & Financial Statements 2019. Link
• State Claims Agency. (2014). Clinical Negligence Litigation: Complex Cases and Simple Principles. Link

Our medical negligence solicitors

At Coleman Legal LLP, we recognise the emotional and financial challenges that medical negligence claims can impose on individuals and families. Our team of experienced medical negligence solicitors in Ireland is committed to offering compassionate and dedicated legal support to those affected by medical negligence. We collaborate with leading medical professionals to thoroughly assess each case, ensuring you and your loved ones receive the justice and compensation you deserve.

FAQs

1. Do you assist clients outside of Dublin?

Yes. We represent clients throughout Ireland, including Cork, Galway, Sligo, Limerick, and other regions. Our team is available to discuss your potential medical negligence claim regardless of location. Medical negligence solicitors in Cork, Galway, Sligo, Dublin, and Nationwide.

2. Clinical negligence lawyer

What is clinical negligence, and how does it differ from medical negligence? Clinical negligence refers to harm caused by a healthcare professional’s breach of duty, such as misdiagnosis or surgical errors. It is often used interchangeably with medical negligence. Our solicitors handle both types of cases across Ireland.

3. Brain damage compensation

Compensation for brain damage caused by medical negligence. Brain injuries can occur due to delayed diagnoses, surgical mistakes, or birth trauma. If you or a loved one has experienced brain damage as a result of substandard medical care, we can assist you in pursuing compensation to support long-term rehabilitation and care needs.

4. Misdiagnosis claim

Can I claim for misdiagnosis? Yes. If you were misdiagnosed or your diagnosis was delayed and caused your condition to worsen, you may be eligible to bring a claim for medical negligence.

5. GP complaints Ireland / Can I complain about my doctor

What are my options if I’m unhappy with my GP’s care? If you believe your GP or doctor failed to meet the expected standard of care, which led to harm, you may be eligible to make a formal complaint or pursue a medical negligence claim. We can advise you on your legal options in Ireland.

6. Birth trauma/childbirth injury

Do you handle birth trauma claims? Yes. We support families affected by birth trauma — whether involving the mother, child, or both — due to complications during labour, delayed C-sections, or improper use of delivery instruments. Our team can guide you through the claims process with sensitivity and care.

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply