Medical Negligence Solicitors

The legal standard for medical negligence in Ireland

Medical negligence in Ireland is the failure of a healthcare professional to act in line with the general and approved practice of their peers, where no reasonably careful practitioner in that specialty would have followed the same course. The governing test is set out in the Supreme Court's decision in Dunne (an infant) v The National Maternity Hospital [1989] IR 91, refined in Morrissey v Health Service Executive [2020] IESC 6.

In practical terms, three elements must be established on the balance of probabilities for a claim to succeed:

1. A duty of care existed between the patient and the healthcare provider. This is rarely in dispute. A doctor treating a patient, a hospital admitting a patient, a midwife managing a labour, all owe a duty of care.
2. A breach of that duty occurred. The care fell below the standard of a reasonably competent professional in that specialty. This is the most contested element in most cases and is established through independent expert opinion.
3. The breach caused harm that would not otherwise have occurred. The injury must be linked, on the balance of probabilities, to the substandard care. A poor outcome alone is not enough. Causation must be proved.

Negligence is not the same as a bad outcome. Many conditions carry a high risk of serious complications even with the best possible care. A mistake that did not change the outcome will not generally support a claim. The legal question is always: did the care fall below standard, and did that specific failure cause the harm?

Types of medical and clinical negligence claim in Ireland

Clinical negligence in Ireland most commonly arises from breakdowns in the chain of care rather than single isolated errors: a missed sign, a test not ordered, a referral not actioned, a handover not made, a deteriorating patient not escalated. Seven recurring patterns account for the substantial majority of investigations.

How much compensation can I claim for medical negligence in Ireland?

Compensation in a successful Irish medical negligence claim is assessed under three heads: general damages for pain, suffering and loss of amenity; special damages for quantifiable financial losses; and damages for psychological injury. General damages are measured against the Personal Injuries Guidelines adopted by the Judicial Council in March 2021.

General damages compensate for pain, suffering, and loss of amenity. They are assessed by reference to Irish case law and the Personal Injuries Guidelines. The current upper guideline level for the most catastrophic injuries, such as quadriplegia, is €550,000.

Special damages are the quantifiable financial losses and are uncapped. They include past and future loss of earnings, the cost of medical and rehabilitative care, assistive equipment, home adaptations, therapy, and ongoing care needs. In serious cases involving children, special damages often comprise the majority of the award, reflecting a lifetime of care costs.

Psychological injury is a recognised and compensable element of harm. Anxiety, depression, and post-traumatic stress disorder arising from the negligence itself, or from the discovery of what was missed, can form part of the assessment.

The aim of the award is to put the injured person, so far as money can, in the position they would have been in had the negligence not occurred. It does not erase what happened.

Time limits for medical negligence claims in Ireland: the 2-year rule and date of knowledge

The ordinary limitation period for personal injuries actions in Ireland is two years. In clinical negligence cases the key issue is often when the claimant first had the statutory date of knowledge of the injury and its possible attribution to the alleged act or omission, under the Statute of Limitations (Amendment) Act 1991. Clinical negligence claims are generally outside the Injuries Resolution Board (formerly PIAB) process and are commonly brought in the High Court.

Two important refinements apply:

The date of knowledge test recognises that patients often do not know they have been harmed by negligence at the time it occurred. Section 2 of the 1991 Act defines knowledge by reference to the fact of the injury, its significance, its attribution to the alleged act or omission, and the identity of the defendant. It also includes knowledge the claimant might reasonably have been expected to acquire. In misdiagnosis and delayed-diagnosis cases this can be many months or years after the original event.

For children, the two-year period does not begin until the eighteenth birthday. A parent or guardian may bring a claim on a child's behalf at any time before that date.

These rules are nuanced and case-specific. If you suspect clinical negligence, it is safer to seek advice promptly rather than rely on a generous interpretation of the limitation period.

How to make a medical negligence claim in Ireland: the step-by-step process

A medical negligence claim in Ireland progresses through six structured stages. Many cases resolve within 24 to 36 months; complex or fully contested matters, including birth-injury, catastrophic-injury, and causation-heavy cancer-delay cases, can take longer.

1. Initial consultation. A specialist solicitor reviews the circumstances and gives an initial view on whether the matter appears to warrant investigation. There is no obligation at this stage.
2. Records gathering. Medical records are requested from every relevant provider: GP, hospital inpatient and outpatient records, test results, imaging reports, referral letters, discharge summaries, ambulance records, out-of-hours service notes.
3. Independent expert review. A clinical negligence claim should not be advanced without supportive opinion from an appropriately qualified independent medical expert on breach of duty and causation. Where appropriate, we instruct independent experts to secure objectivity and the relevant specialty for your case.
4. Letter of claim. If the expert opinion supports a claim, a formal letter of claim is sent to the proposed defendant.
5. Proceedings and investigation. Serious claims are commonly brought in the High Court and may fall within the Clinical Negligence List established in the Dublin Personal Injuries List in April 2025. In HSE and many public-hospital cases, claims are generally managed by the State Claims Agency under the Clinical Indemnity Scheme; private cases are managed by the consultant's professional indemnifier.
6. Mediation, settlement, or trial. Many clinical negligence cases resolve without a full hearing. Where settlement is not reached, the case proceeds to trial. We prepare every case on the basis that a trial may be necessary, so we are ready if it is.

Medical negligence solicitor fees in Ireland: legal costs and expert outlays

Before you decide whether to proceed, Michael Boylan LLP will explain the likely legal costs, expert-report fees and other outlays in writing in accordance with section 150 of the Legal Services Regulation Act 2015.

Clinical negligence claims usually require independent expert medical opinion. The cost of an initial expert report varies by specialty and complexity. Any likely outlay will be confirmed in writing before any expert is instructed.

Section 150 of the Legal Services Regulation Act 2015 requires legal practitioners to provide clients with a clear written notice setting out the legal costs that will be charged, or the basis on which they will be calculated, together with information about the likely stages of the work, outlays, expert witnesses, barristers, and possible exposure to other parties' costs. We provide this notice in every clinical negligence case before substantive work begins, and we will explain it in plain English.

Funding options for clinical negligence litigation, including the recovery of costs from a defendant in a successful case, will be discussed transparently at consultation. We will confirm any further outlay in writing before it is incurred.

HSE claims and private hospital claims: who is on the other side?

The named defendant in a clinical negligence claim is generally the healthcare provider: the HSE, a voluntary hospital, a private hospital, or an individual practitioner. Who manages the defence depends on where the treatment took place.

HSE and voluntary public hospitals. Claims involving care in HSE-run services and voluntary teaching or maternity hospitals (including Beaumont, St James's, the Mater, Tallaght, Cork University Hospital, University Hospital Galway and the regional and community hospitals) are generally managed by the State Claims Agency under the Clinical Indemnity Scheme. The SCA appoints panel solicitors and instructs counsel on behalf of the named healthcare provider.

Private hospitals. Claims involving care in private hospitals (including the Beacon, Blackrock Clinic, Hermitage, Bon Secours, Mater Private, Galway Clinic and the wider Bon Secours and UPMC groups) are generally managed by the consultant's professional indemnifier, typically the Medical Protection Society, Medical Defence Union or Medisec. The hospital itself may also be a separate defendant where the alleged failure was institutional rather than purely clinical (nursing, infection control, equipment).

GP and primary care. Claims against a GP are generally managed by the GP's individual indemnifier. The same applies to dental practice, physiotherapy and the wider allied-health sector.

In practical terms the standard of care is identical across settings: the Dunne test applies whether the treatment was on a public ward, a private bed, or in a consulting room. The procedural differences come up at the discovery and settlement stages, where SCA cases follow internal HSE governance and private cases follow indemnifier protocols.

What to do if you think you have a medical negligence claim

If you suspect you have been the victim of medical negligence in Ireland, take five steps in order: secure a second medical opinion, request your records under GDPR, write a contemporaneous timeline, consider parallel complaints routes, and consult a specialist solicitor.

1. See another doctor. Your health comes first. If you have concerns about the care you received, a second medical opinion is reasonable and important. Ensure you are receiving the right treatment for your actual condition before turning to the legal question.
2. Request your records. You are entitled to your medical records under the Data Protection Act 2018 and the GDPR. Request records from every provider involved: GP, hospitals, specialists, out-of-hours services, and any private clinic. The more complete the record, the better the basis for any legal review.
3. Write down a timeline. As soon as you can, write a clear account of what happened: when symptoms began, what you reported at each appointment, what was said in reply, what treatment was given, and how your condition changed over time. Contemporaneous notes are extremely valuable.
4. Consider the parallel complaints routes. The HSE operates a complaints procedure under Your Service Your Say. The Health Information and Quality Authority (HIQA) regulates the standards of health and social care services. The Medical Council regulates individual doctors. These routes are separate from a legal claim and can be pursued alongside it.
5. Speak to a solicitor. A confidential conversation with an experienced medical negligence solicitor will give you a clearer view of whether your situation may give rise to a claim, and of what the process would involve.

Speak to a Dublin medical negligence solicitor

If you or a family member has been harmed by medical care in Ireland, the first step is a confidential conversation with a solicitor experienced in clinical negligence claims.

Our team has over 35 years' experience in clinical negligence litigation and applies the principles developed in the leading Irish authorities, including Dunne v National Maternity Hospital and Morrissey v HSE. We will give you a straightforward assessment of whether the matter appears to warrant investigation, and will guide you through every stage of the process clearly and without jargon.

Call us on (+353) 1 901 7418, email ciara@michaelboylan.com, or use the contact form on this page to arrange a confidential consultation.

We act for clients across Ireland, with consultations available for matters arising in Dublin, Cork, Galway, Limerick, Waterford, Kilkenny, Drogheda, and every county in between. Our office is at 97 Saint Stephen's Green, Dublin 2.