Medical negligence claims in Ireland
Medical negligence claims in Ireland arise when a healthcare provider fails to meet the expected standard of care and a patient suffers harm.
Medical negligence, also known as clinical negligence, can occur in hospitals, GP surgeries, maternity units, dental clinics, primary care centres, and specialist services.
If you believe your condition worsened or you sustained injury due to substandard medical treatment, this page explains:
- What medical negligence means in Irish law
- How to determine if you may have a claim
- The legal process involved
- Time limits that apply
- The types of medical negligence cases handled by our team
Coleman Legal LLP provides legal services to clients across Ireland in complex medical negligence matters.
What is medical negligence?
Medical negligence occurs when:
- A healthcare professional owed you a duty of care,
- That duty was breached because the treatment fell below acceptable standards, and
- The breach caused injury or avoidable harm.
Under Irish law, both breach of duty and causation must be proven. A poor outcome alone does not automatically mean negligence occurred.
Independent medical expert evidence is required before legal proceedings can issue.
What are medical negligence claims in Ireland?
Medical negligence claims in Ireland are civil claims brought before the courts seeking compensation for injury caused by substandard healthcare.
Claims may arise from:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Failure to refer or investigate symptoms
- Inadequate monitoring
- Inappropriate treatment decisions
Each case depends on its individual medical evidence.
How do I know if I have a medical negligence claim?
You may have grounds to investigate a claim if:
- A serious condition was not diagnosed in time.
- Test results were not acted upon
- Surgery was performed incorrectly.
- There was a delay in referral to a specialist.
- A child sustained an injury during treatment.
- A medical procedure may not have been clinically necessary.
A solicitor will first assess whether there is sufficient evidence to obtain an independent expert opinion.
If expert evidence does not support negligence and causation, the proceedings cannot proceed.
5 key stages in the process for medical negligence claims
1. What is the time limit?
In most cases, you have two years to bring a medical negligence claim.
This period runs from:
- The date of injury, or
- The date you first became aware that negligence may have caused the injury
This is known as the “date of knowledge” under the Statute of Limitations Act 1957.
Failure to issue proceedings within the limitation period may prevent the claim from proceeding.
2. Initial consultation and case assessment
You should prepare:
- A timeline of treatment
- Details of hospitals, GPs or consultants involved
- Copies of discharge summaries or correspondence
Your solicitor will assess whether further investigation is appropriate.
3. Obtaining medical records
Your full medical records must be obtained and reviewed.
These may include:
- Hospital notes
- GP records
- Imaging and scans
- Laboratory results
- Referral letters
A detailed review is required before expert evidence is sought.
4. Independent medical expert review
Before issuing proceedings in medical negligence claims in Ireland, an independent medical expert must confirm:
- There was a breach of duty.
- The breach caused the injury.
Experts are often based outside Ireland to ensure impartiality.
Without supportive expert evidence, proceedings cannot issue.
5. Issuing proceedings
If expert evidence supports the claim:
- A summons is issued against the healthcare provider.
- The defendant may admit or deny liability.
- Settlement discussions may take place.
- If necessary, the matter proceeds to trial.
Most medical negligence claims resolve before trial, but each case depends on its facts.
Types of medical negligence claims in Ireland
Medical negligence can arise across a wide range of healthcare settings. Below are the principal case types handled by Coleman Legal LLP.
1. Primary care negligence
Primary care negligence involves treatment provided in GP surgeries and community clinics.
Claims may arise where there is:
- Failure to refer to a specialist
- Misinterpretation of test results
- Delayed diagnosis
- Failure to follow up on abnormal findings
More information is available on our primary care negligence page.
2. Surgical error claims
Surgical negligence may include:
- Wrong-site surgery
- Retained surgical instruments
- Nerve damage
- Failure to obtain informed consent
- Post-operative complications linked to substandard care
Further details are available on our surgical errors claims page.
3. Child medical negligence claims
Child medical negligence claims relate to injuries sustained by children due to medical treatment.
These cases may involve:
- Paediatric misdiagnosis
- Delayed treatment of infection
- Neonatal care failures
- Failure to monitor serious illness
Visit our child medical negligence claims page for more information.
4. Women’s medical negligence
Women’s medical negligence cases may include:
- Delayed diagnosis of gynaecological conditions
- Failure to investigate abnormal smear results
- Surgical complications
- Pregnancy-related care issues
More detail is available on our women’s medical negligence page.
5. Oncology and delayed cancer misdiagnosis claims
Oncology negligence may arise where:
- Cancer was not diagnosed in time
- Test results were not communicated
- Referral to oncology was delayed
- Abnormal imaging was misinterpreted
See our page on oncology and delayed cancer misdiagnosis claims.
6. CAMHS reviews and audit cases
Following recent CAMHS reviews and audits in Ireland, concerns have been raised regarding:
- Diagnostic processes
- Prescribing practices
- Clinical oversight
- Communication with families
We provide legal guidance in appropriate cases relating to CAMHS reviews and audit matters.
7. Unnecessary hip surgeries on children
Concerns have been raised regarding unnecessary hip surgeries performed on children in certain Irish hospitals. Claims may involve:
- Inappropriate surgical recommendation
- Failure to consider non-surgical alternatives
- Inadequate clinical review processes
Further information is available on our Unnecessary hip surgery claims page.
Time limits involving children
In cases involving children, the two-year limitation period generally begins on the child’s 18th birthday. This means proceedings can usually be issued until the age of 20.
However, early legal advice is recommended to ensure evidence is preserved.
What compensation may be awarded?
Compensation in medical negligence claims in Ireland may include:
- General damages for pain and suffering
- Medical and rehabilitation expenses
- Loss of earnings
- Future care needs
- Adapted accommodation costs in severe cases
Each case is assessed individually based on medical evidence and prognosis.
Frequently asked Questions (FAQs)
1. How long do medical negligence claims in Ireland take?
These cases can take several years due to the requirements for expert evidence and court procedures. Some cases resolve earlier if liability is admitted.
2. Do all medical mistakes amount to negligence?
No. Medicine involves recognised risks. A poor outcome does not automatically establish negligence. Independent expert evidence is required.
3. Can I make a complaint before bringing a claim?
Yes. You may raise concerns with:
- The hospital
- The Health Service Executive (HSE)
- The Medical Council
The complaint process is separate from legal proceedings.
4. Can I bring a claim on behalf of my child?
Yes. A parent or guardian may bring proceedings on behalf of a child before they reach 18. Otherwise, the limitation period generally runs from their 18th birthday.
5. Do you represent clients outside Dublin?
Yes. Coleman Legal LLP represents clients throughout Ireland, including Cork, Galway, Limerick and other counties. Email us at [email protected].
