Emergency departments are under significant and sustained pressure across Ireland.
According to the Irish Nurses and Midwives Organisation Trolley Watch, 122,186 patients waited on trolleys or chairs in Irish emergency departments during 2024.
The State Claims Agency recorded a 19.3 per cent increase in the number of diagnosis incidents reported in 2023 compared with 2022, with 79 per cent of all diagnosis errors involving delayed access to diagnosis.
When standards of care fall below what is required, and a patient suffers harm as a result, the patient has legal options.
Our legal team has considerable experience handling emergency department negligence claims and can advise you on the process and applicable time limits.
What is emergency department negligence?
Emergency medicine is responsible for nearly 15% of all medical negligence claims.
A&E departments are high-turnover, fast-paced hospital departments that diagnose and treat patients with some of the most catastrophic injuries.
Patients also visit with symptoms that may appear non-life-threatening, and they rely on the skill, knowledge, and thoroughness of hospital staff to ensure they are treated to the best possible standards.
The law on medical negligence in Ireland is complicated and governed by the test set out in the Supreme Court case of Dunne v The National Maternity Hospital (1989).
This case provided that
- A medical practitioner was negligent in the diagnosis of treatment only if he was guilty of such failure as no other medical practitioner of equal specialist or general status or skill will be guilty of if acting with ordinary care;
- A Plaintiff will establish negligence against a medical practitioner by proving his deviation from a general and approved practice only upon proving also that the course taken was one that no other medical practitioner of like specialisation and skill would have followed when taking the ordinary care required from a person of his qualifications.
Examples of emergency department negligence
These can arise in situations where an patient is admitted to A&E, and there are
- Failure to treat a patient properly and failure to diagnose the problem;
- Failure to recognise the patients illness or injury and failure to refer to a senior or specialist doctor;
- Failure to check a patients medical history properly;
- Inability to carry out basic investigations and X-Ray/MRI scans;
- Wrongful or premature discharge from the hospital.
It is very advisable to get the advice you need as soon as you become aware of a medical difficulty or injury resulting from medical or surgical treatment or procedure.
The claim process
1. Consult our solicitor
It is advisable for you to speak to an experienced team of emergency department negligence solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
2. We obtain your medical records
After the consultation with your Emergency Department negligence solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. Engaging an independent expert is to establish whether there was any negligence on the medical professionals part.
3. The medical negligence litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will begin the process of issuing legal proceedings in Court against the medical professional and/or hospital.
Time limit
The legal time limit to make an emergency department negligence claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence.
For children/minors, the time limit expires two years after their 18th birthday. You may contact a solicitor to discuss your case and advise on the Statute of Limitations applicable to your case.
Frequently Asked Questions
What is accident and emergency department negligence in Ireland?
In Ireland, accident and emergency department negligence occurs when a healthcare professional in an emergency department falls below the standard of care expected of a reasonably competent practitioner in that speciality, and that failure directly causes harm to the patient.
Under the principles established in Dunne v National Maternity Hospital [1989] IR 91, the court asks whether no practitioner of ordinary care and competence would have made the same error.
Common examples include failure to diagnose a serious condition, failure to order appropriate investigations such as X-ray, CT scan or blood tests, premature discharge without adequate assessment, and failure to refer to a specialist in a timely manner.
How long do I have to make an accident and emergency department negligence claim in Ireland?
In Ireland, the limitation period for a medical negligence claim arising from emergency department treatment is two years from the date of knowledge.
The date of knowledge is the date on which the claimant first knew or ought reasonably to have known that the treatment received caused their injury or materially contributed to a deterioration in their condition.
For claims involving children, the two-year period does not begin to run until the child reaches 18 years of age.
Given the time required to obtain medical records and expert reports, legal advice should be sought as early as possible.
Does an accident and emergency negligence claim have to go through PIAB?
In Ireland, medical negligence claims, including those arising from accident and emergency treatment, are exempt from the Personal Injuries Assessment Board process.
Under Section 3(3) of the Personal Injuries Assessment Board Act 2003, claims arising from the provision of a health service or the carrying out of a medical or surgical procedure fall outside PIAB’s jurisdiction.
This means a claimant can issue proceedings directly in the Circuit Court or High Court without first seeking PIAB authorisation. The appropriate court will depend on the nature and value of the claim.
What must I prove to succeed in an accident and emergency negligence claim in Ireland?
In Ireland, to succeed in a medical negligence claim arising from emergency department treatment, you must establish three elements on the balance of probabilities.
First, that the healthcare professional owed you a duty of care. Second, that they breached that duty by falling below the standard of a reasonably competent A&E practitioner.
Third, that this breach caused or materially contributed to the harm you suffered. All three elements must be proven. Independent expert medical evidence from a practitioner experienced in emergency medicine is required to establish both the breach and causation.
What types of errors in an emergency department can give rise to a negligence claim in Ireland?
In Ireland, a claim for negligence in the accident and emergency department may arise from a range of clinical errors.
Common examples include
- Failure to diagnose a serious condition such as a stroke, heart attack, pulmonary embolism, fracture, or sepsis;
- Failure to order appropriate investigations in a timely manner; failure to recognise and respond to deteriorating clinical observations; premature discharge without adequate assessment;
- Failure to refer to a specialist;
- Failure to adequately check a patient’s medical history and inadequate handover communication between clinical teams.
