Children’s medical negligence in Ireland occurs when a healthcare provider fails to meet the standard of care required by Irish law, causing injury or harm to a child patient.
Under the Statute of Limitations (Amendment) Act 1991, where the injured person is a child, the two-year time limit does not begin to run until their eighteenth birthday, preserving the family’s right to seek accountability.
If your child has suffered harm as a result of substandard care in an Irish hospital, GP practice, or mental health service, Coleman Legal LLP’s litigation team can advise your family on the legal options available.
Coleman Legal LLP is a litigation practice based in Dublin 1, Ireland, specialising in children’s medical negligence claims and disability law across the Republic of Ireland.
Establishing children’s medical negligence in Ireland
A children’s medical negligence claim in Ireland requires establishing four elements under Irish law.
- Duty of care: the hospital, GP, or mental health service owed a duty of care to your child. This is generally established in every clinical relationship.
- Breach of duty: the practitioner or service departed from the standard that a reasonably competent practitioner of equivalent specialisation would have maintained.
- Causation: the breach directly caused your child’s injury or worsening condition.
- Damage: your child suffered actual harm, whether physical, psychological, or developmental.
Children’s medical negligence claims in Ireland are excluded from the Personal Injuries Resolution Board process.
They are pursued directly through the courts, and the State Claims Agency manages clinical negligence claims against the HSE through the Clinical Indemnity Scheme.
Since April 2025, all High Court clinical negligence cases have been managed through a dedicated Clinical Negligence List under Practice Directions HC131 and HC132, with oversight by specialist judges.
Any settlement reached on behalf of a child requires court approval before payment is directed.
A judge reviews the medical evidence and proposed award to confirm it is fair and adequate.
Major areas of concern in children’s healthcare in Ireland
Several systemic failures in Irish children’s healthcare services have come to light in recent years.
Coleman Legal LLP advises families affected by the following areas of concern.
1. Hip Surgeries at Children’s Health Ireland (CHI)
A significant audit, published in May 2025, examined paediatric hip surgeries performed at Children’s Health Ireland hospitals to treat Developmental Dysplasia of the Hip (DDH).
The findings were serious
- Temple Street Children’s Hospital: approximately 60% of reviewed cases did not meet the standard clinical criteria for surgical intervention
- National Orthopaedic Hospital, Cappagh: nearly 80% of reviewed cases did not meet the threshold for surgery
- Crumlin Hospital: surgeries were largely found to be appropriate, with 98% meeting the criteria
Approximately 500 children who underwent pelvic osteotomy surgeries at these hospitals between 2021 and 2023 have been recalled for independent clinical review and radiological assessment.
In November 2025, the HSE confirmed that an External Expert Panel will review surgical decisions dating back to January 2010, with the review scheduled to begin no later than January 2026.
The audit identified systemic failures in governance, clinical practice, and multidisciplinary team decision-making.
If your child underwent hip surgery at Temple Street or Cappagh between 2010 and 2023, and you have concerns about whether the procedure was clinically appropriate, Coleman Legal LLP can advise your family on the process of seeking an independent assessment and, if warranted, pursuing a legal children’s medical negligence claim. Read more
2. Child and Adolescent Mental Health Services (CAMHS)
CAMHS has been the subject of multiple official investigations that have revealed systemic failures in the care of vulnerable children and young people across Ireland.
- South Kerry: the Maskey Report (January 2022) found that care received by 240 young people did not meet necessary standards, identifying deficits in governance, supervision, clinical practice, and overall functioning
- North Kerry: the Halpin Report, commissioned in 2023 following an audit of open cases, identified concerns about the quality of care, including incorrect treatment and unnecessary medication, consistent with the pattern found in South Kerry
- Nationwide: an interim report by the Mental Health Commission in January 2023 highlighted that children with open CAMHS cases were ‘lost’ to follow-up care, some without appointments for up to two years, with deficits in risk management, governance, and service standardisation.
Coleman Legal LLP has experience advising families affected by failures in CAMHS across Ireland.
As of February 2026, families affected by the South Kerry CAMHS failures can access a dedicated non-adversarial compensation scheme approved by the Minister of State for Mental Health.
For North Kerry and wider CAMHS failures, separate legal routes remain available. Our team can advise on the most appropriate path for your family. Read more.
3. Spinal Surgeries at Children’s Health Ireland
Issues in paediatric spinal surgery, particularly for children with scoliosis and spina bifida, have also attracted serious concern:
- A HIQA report published in April 2025 revealed that unapproved, non-CE-marked metal springs were surgically implanted into children undergoing spinal surgery at CHI Temple Street between 2020 and 2022, using material not intended for surgical use.
- The report found that the documentation provided to families was ‘wholly inadequate’, breaching the HSE National Consent Policy, and that there were failures in procurement, decontamination, and governance.
- An internal HSE audit found that nearly 200 spinal surgeries fell below target between 2022 and 2023, with over €13 million in allocated funding unspent.
If your child received spinal surgery at CHI Temple Street and you have concerns about the implants used, the information provided to your family, or the adequacy of the surgical decision, Coleman Legal LLP can advise on your legal options. Read more
4. Assessment of Needs (AON) and Disability Services
Under the Disability Act 2005, every child with a suspected disability is legally entitled to a timely, multidisciplinary Assessment of Needs, to be completed within six months of application.
In practice, this statutory obligation is being consistently breached
- Over 14,000 children were waiting for an assessment as of February 2025, with many waiting more than a year for initial contact
- The HSE projected in May 2025 that the waiting list could grow by a further 25,000 people by the end of 2025
- A High Court ruling in 2022 held that the HSE’s standard operating procedure frustrated the statutory intent of the Disability Act 2005 by failing to provide the comprehensive assessments the Act requires
- The HSE’s use of the Preliminary Team Assessment (PTA) model has been widely criticised for producing brief, inadequate assessments that do not meet the individual child’s needs.
Coleman Legal LLP represents families challenging AON failures through formal complaints, appeals, and High Court judicial review proceedings.
Our team can advise on the legal remedies available where your child’s assessment has been delayed, mishandled, or inadequately completed. Read more.
Time Limits for children’s medical negligence claims in Ireland
The Statute of Limitations (Amendment) Act 1991 provides that where the injured person is a minor at the time the negligence occurred, the two-year limitation period does not begin until their eighteenth birthday.
A parent or guardian may, however, bring the claim forward as a ‘next friend’ at any time after the harm is identified, without waiting until the child turns 18.
It is strongly advisable to seek legal advice and initiate a children’s medical negligence claim as early as possible.
Medical records, clinical notes, and audit data are more accessible shortly after the event.
In cases involving systemic failures such as the CHI hip surgery and CAMHS issues, there may be specific review or scheme processes with their own timelines that run in parallel with the legal limitation period.
Coleman Legal LLP can advise on the applicable time limits in your specific circumstances and ensure your family’s legal position is protected.
Frequently Asked Questions
What is the legal standard for children’s medical negligence in Ireland?
In Ireland, the legal standard for children’s medical negligence is established by the Supreme Court’s decision in Dunne v National Maternity Hospital [1989] IR 91. A practitioner is negligent where they have failed in a way that no reasonably competent practitioner of equivalent specialisation and skill would have failed, acting with ordinary care. This standard applies in all clinical negligence cases in Ireland, including claims involving children, and was reaffirmed by the Supreme Court as recently as 2020.
How long do I have to make a children’s medical negligence claim in Ireland?
In Ireland, the Statute of Limitations (Amendment) Act 1991 provides that where the injured person was a child at the time of the negligence, the two-year limitation period does not begin until the child’s eighteenth birthday. A parent or guardian may bring the claim forward as a ‘next friend’ at any time without waiting until the child turns 18. Early legal advice is recommended to preserve medical records and evidence.
Is my child’s medical negligence claim covered by the Personal Injuries Resolution Board?
In Ireland, children’s medical negligence claims are specifically excluded from the Personal Injuries Resolution Board process. These claims are pursued directly in court. Where the claim involves a public hospital or HSE service, the State Claims Agency manages the defence through the Clinical Indemnity Scheme.
What should I do if my child is recalled following the CHI hip surgery audit?
In Ireland, if your child has been recalled following the Children’s Health Ireland hip surgery audit, you should attend the independent clinical review arranged through the recall process and retain copies of all correspondence and clinical reports you receive. If the review finds that your child’s surgery was inappropriate, you may have grounds for a children’s medical negligence claim. Coleman Legal LLP can advise your family on your legal options once the clinical review findings are available.
Can I challenge the HSE for delaying my child’s Assessment of Needs?
In Ireland, every child with a suspected disability is legally entitled to a timely Assessment of Needs under the Disability Act 2005, which must be completed within six months of the application. Where the HSE fails to provide this assessment within the statutory timeframe, families can challenge the delay through formal complaints, appeals, and High Court judicial review proceedings. Coleman Legal LLP has experience representing families in AON enforcement actions.
What compensation is available for children’s medical negligence in Ireland?
In Ireland, compensation in a children’s medical negligence claim includes general damages for the child’s pain, suffering, and loss of amenity, and special damages for all financial losses, including medical and rehabilitation costs, carer expenses, educational support, and loss of parental earnings. Where a child’s injury has long-term or permanent consequences, the award may be substantial. All compensation settlements reached on behalf of a child require approval from an Irish court before payment is directed.
Does my child need their own solicitor for a medical negligence claim in Ireland?
In Ireland, a child under 18 cannot bring a legal claim in their own name. A parent or guardian acts as the child’s ‘next friend’, instructing the solicitor and participating in the process on the child’s behalf. The next friend has a duty to act in the child’s best interests at all times, and the court exercises a supervisory role over any settlement to protect the child.
Are families affected by South Kerry CAMHS failures still able to seek compensation?
In Ireland, families affected by failures in South Kerry CAMHS can access a dedicated non-adversarial compensation scheme approved by the Minister of State for Mental Health, which was formally established following the Maskey Report. As of February 2026, 231 affected families have received compensation through this scheme. Coleman Legal LLP can advise families on whether the scheme applies to their circumstances and what the process involves.
