Gynaecological negligence claims in Ireland
If you have suffered harm following obstetric or gynaecological treatment, you may have grounds to bring an obstetric & gynaecological negligence claim in Ireland.
Medical negligence of this kind can arise from errors made during childbirth, complications following gynaecological surgery, or a failure to diagnose a serious condition in a timely manner.
Coleman Legal LLP provides clear and confidential advice to individuals affected by substandard obstetric or gynaecological care.
We can help you understand your legal rights and guide you through the steps involved in making a claim.
Our solicitors approach these cases with discretion and professionalism.
If you believe the care you received fell below an acceptable standard, you are entitled to seek independent legal advice regardless of whether your treatment took place in a public hospital or a private clinic.
What are Gynaecological negligence claims?
Obstetric negligence concerns errors made before, during, or after childbirth, including mismanagement of labour, surgical errors during caesarean section, or failure to respond appropriately to maternal or foetal complications.
Gynaecological negligence relates to substandard care in connection with conditions and disorders affecting the female reproductive system, including the uterus, ovaries, cervix, and associated structures.
In Ireland, a medical negligence claim must establish three elements:
- That a duty of care existed;
- That the standard of care provided fell below what a reasonable medical professional in the same field would have provided; and
- That this breach of duty directly caused the injuries suffered.
Expert medical evidence is central to establishing these elements.
Types of Gynaecological negligence claims we handle
Coleman Legal LLP can advise on a broad range of obstetric and gynaecological negligence claims, including those arising from:
- Injury to the bladder, bowel, or uterus during hysterectomy or other gynaecological surgery
- Perforation of the uterus during insertion of a contraceptive coil
- An unnecessary hysterectomy was carried out without adequate clinical justification
- Failed sterilisation leading to an unwanted pregnancy
- Infection following surgery resulting in loss of childbearing potential
- Nerve damage arising from surgical error during gynaecological procedures
- Failure to diagnose cervical, ovarian, or uterine cancer in a timely manner
- Delayed diagnosis or mismanagement of endometriosis or pelvic inflammatory disease
- Errors in reading or reporting cervical smear (CervicalCheck) test results
- Defective or insufficient consent to a medical procedure
- Complications arising from caesarean section, including haemorrhage or organ damage
- Failure to identify and respond to maternal infection or internal bleeding following surgery
- Injury occurring during laparoscopy or other minimally invasive procedures
- Mismanagement of labour and delivery resulting in maternal injury
This list is not exhaustive.
If you experienced an injury or adverse outcome following obstetric or gynaecological care that you believe may have been avoidable, you should seek independent legal advice to assess whether a claim may be appropriate.
How Gynaecological negligence claims arise under Irish Law
Claims of this nature typically arise when a medical professional fails to meet the standard of care expected in their field.
A failure to refer a patient to an appropriate colleague when symptoms required it, a surgical error causing damage to surrounding organs, a failure to obtain informed consent, or a misinterpretation of diagnostic test results leading to delayed treatment may all give rise to a valid claim.
Where healthcare institutions are involved, liability may also arise under the Health Act 2004 and related regulations governing the Health Service Executive and facilities regulated by HIQA.
The State Claims Agency manages medical negligence claims on behalf of the HSE and certain other public bodies.
The Health Information and Quality Authority (HIQA) and the Medical Council of Ireland set the regulatory standards that healthcare providers in Ireland must meet.
Where those standards have not been upheld, and injury has resulted, there may be grounds for a legal claim.
The claims process
If you believe you may have experienced obstetric or gynaecological negligence, the first step is to seek independent legal advice.
A solicitor will discuss the circumstances of your case with you and, where there appears to be a viable claim, will arrange for your medical records to be obtained and reviewed by a qualified independent medical expert in the relevant area.
If the expert’s report indicates that the standard of care fell below an acceptable level and caused the injuries sustained, your solicitor will advise on the next steps.
Depending on the nature of the claim, an application may need to be made to the Personal Injuries Assessment Board (PIAB) before proceedings can issue.
However, complex medical negligence cases are frequently progressed through the High Court, where the nature and extent of the injuries are properly assessed.
Many claims are resolved through negotiation and settlement without a full hearing.
Your solicitor will advise you on the merits of your case, the procedural options available, and any settlement offer received.
Coleman Legal LLP handles cases across Ireland, regardless of where you are based.
You may also find our Women’s Medical Negligence and Medical Negligence Services pages helpful, as well as our Surgical Error Claim Guide.
Time limits
The limitation period for bringing a medical negligence claim in Ireland is two years less one day from the date of the incident, or from the date on which you first became aware, or ought reasonably to have become aware that your injury may have been caused by negligent treatment.
This ‘date of knowledge’ provision is contained in the Statute of Limitations (Amendment) Act 1991.
Where the injured person was under the age of 18 at the time, the two-year period begins on their 18th birthday.
In cases involving the CervicalCheck programme or similar systemic failures, the applicable limitation period may require specific consideration.
Seeking legal advice promptly is important, as delays can significantly affect your ability to bring a claim.
Frequently Asked Questions
What is gynaecological negligence?
Gynaecological negligence occurs when a medical professional providing care in connection with the female reproductive system fails to meet the standard expected of a competent practitioner in that field, and this failure causes injury or harm.
Examples include surgical errors during hysterectomy, failure to diagnose conditions such as ovarian or cervical cancer, and errors during laparoscopic procedures.
What types of obstetric negligence can I claim for in Ireland?
Obstetric negligence claims may arise from mismanagement of labour, failure to monitor and respond to foetal or maternal distress, errors during caesarean section, failure to manage post-partum haemorrhage, and poor management of complications following delivery.
If you sustained an injury during or after childbirth that you believe was caused by substandard care, you should seek legal advice to assess whether a claim may be viable.
How long do I have to make an obstetric or gynaecological negligence claim?
In most circumstances, the time limit is two years less one day from the date of the injury or from the date on which you first knew, or ought reasonably to have known, that your injury was connected to negligent treatment.
There are limited exceptions, including where the injured person was a minor. Seeking legal advice without delay is strongly recommended.
What evidence is needed to support a medical negligence claim?
Expert medical evidence is the central element of a medical negligence claim.
Your solicitor will obtain your medical records and have them assessed by an independent, qualified expert who can evaluate whether the care provided fell below an acceptable standard.
Additional evidence may include witness accounts, hospital documentation, and records of your treatment and ongoing care.
Will I have to go to court?
Many medical negligence claims are resolved through negotiation and settlement prior to a hearing. If a satisfactory settlement cannot be reached, the matter may proceed to the courts.
Your solicitor will advise you on the likely course of proceedings and represent your interests throughout.
How is compensation assessed in obstetric and gynaecological negligence cases?
Compensation is generally assessed by reference to the nature and severity of the injuries, the impact on the person’s life and future health, any financial losses incurred, including loss of earnings, and the likely cost of future care or treatment. Each case is assessed on its own facts.
Does my claim have to go through the Personal Injuries Assessment Board?
Medical negligence claims do not typically fall within the standard scope of the Personal Injuries Assessment Board (PIAB) process.
Your solicitor will advise you on the correct procedural route for your particular claim and whether any PIAB notification requirements apply.
Can I claim if I was treated in a public hospital?
Yes. Claims can be brought against public hospitals and the HSE for substandard medical care. The State Claims Agency manages such claims on behalf of the HSE. Your solicitor will advise on the procedural requirements that apply in cases involving public healthcare providers.
Can I claim if I was treated in a private clinic?
Yes. Claims can also be brought against private healthcare facilities and the individual medical professionals involved in your care. Private hospitals and clinics in Ireland are subject to regulatory oversight by HIQA and must meet defined standards of care.
What is informed consent, and why does it matter in gynaecological claims?
Informed consent is the legal and ethical requirement that a patient must be provided with sufficient information about a proposed procedure, including its risks, benefits, and alternatives, before agreeing to proceed.
Failure to obtain proper informed consent may constitute negligence.
This principle was significantly developed by the Irish Supreme Court in Fitzpatrick v White [2007] IESC 51 and remains an important aspect of medical negligence law
What should I do if I think I may have a claim?
The first step is to seek confidential legal advice from a solicitor with experience in medical negligence.
Coleman Legal LLP can discuss your situation with you and advise whether there may be grounds to pursue a claim. Early advice is important given the time limits that apply under Irish law.
