What Is Medical Negligence?
Medical negligence occurs when a healthcare professional — a doctor, nurse, surgeon, or hospital — fails to provide a standard of care that a reasonably competent practitioner would have provided in the same circumstances, and that failure causes harm to the patient.
In Ireland, medical negligence claims are complex and require expert independent medical evidence to succeed. Gary Matthews Solicitors has the experience, specialist knowledge, and medical expert networks to build strong cases on behalf of injured patients.
Time Limit for Medical Negligence Claims
The standard limitation period for medical negligence claims in Ireland is two years from the date of knowledge of the injury — that is, when you first knew (or should have known) that the harm was caused by negligence. Extensions may apply for minors and those lacking mental capacity.
Common Types of Medical Negligence We Handle
- Delayed or incorrect diagnosis (including cancer misdiagnosis)
- Surgical errors and anaesthesia mistakes
- Retained instruments or foreign objects following surgery
- Prescription and medication dosage errors
- Birth injuries, including cerebral palsy and Erb's palsy
- Failure to obtain informed consent before treatment
- GP and consultant negligence
- Aftercare and post-operative negligence
- Cosmetic surgery errors
- Psychiatric mismanagement
- Emergency department failures
- HSE hospital negligence claims
How We Build Your Medical Negligence Case
Medical negligence claims require independent expert medical evidence. Our process is thorough and systematic:
- Free Consultation: We review your case and advise on its viability at no cost
- Medical Records: We obtain all relevant medical records and documentation
- Expert Medical Opinion: We appoint and fund an independent medical expert to review your case
- Case Assessment: Based on expert opinion, we advise on the merits and likely outcome
- Claim Submission: We prepare and submit your claim and handle all legal proceedings
- Negotiation & Settlement: We negotiate on your behalf to achieve the best possible outcome
Can I Sue the HSE for Medical Negligence?
Yes. Claims can be brought against the Health Service Executive (HSE) for negligent care received in public hospitals, clinics, and health centres. HSE negligence claims are handled by the State Claims Agency (SCA). Our solicitors have extensive experience dealing with the SCA and understand how to present HSE cases effectively.
How Much Compensation for Medical Negligence in Ireland?
Medical negligence compensation in Ireland varies enormously depending on the severity and nature of the harm caused. Catastrophic injury cases — such as severe birth injuries or cases resulting in permanent disability — can result in awards exceeding €1 million. Other claims may settle for more modest amounts. In addition to general damages for pain and suffering, you can claim:
- Past and future medical and care costs
- Loss of earnings and future earning capacity
- Costs of adaptations to your home or vehicle
- Pain, suffering, and loss of enjoyment of life
- Psychological trauma and loss of amenity
Medical Negligence Claims Process — Typical Timeline
| Stage | Description | Timeframe |
|---|---|---|
| Initial Consultation | Review facts and medical records | 1–2 weeks |
| Expert Report | Independent medical evaluation | 2–4 months |
| Negotiation | Attempt pre-litigation settlement | 3–12 months |
| Court Proceedings | If settlement not reached | 2–4 years |
Frequently Asked Questions
How do I prove medical negligence in Ireland?
You must demonstrate that the healthcare professional failed to meet the standard of care of a competent practitioner in the same situation, and that this failure directly caused your injury. Expert medical testimony is essential to establish both elements.
Will my medical negligence case go to court?
The majority of medical negligence cases are resolved through settlement negotiations before reaching court. Litigation is generally a last resort when liability is strongly denied or compensation offers are inadequate.
What if a family member died due to medical negligence?
Fatal medical negligence claims can be brought under the Civil Liability Act. Family members may be entitled to claim for their financial dependency and grief. We handle fatal injury cases with particular sensitivity and care.
Is the consultation really free and confidential?
Yes. All initial consultations are completely free, confidential, and carry no obligation. We will honestly assess your case and advise you on the best course of action.
Suffered Medical Negligence? We're Here to Help
Contact our compassionate team today for a free, confidential case review. We handle all medical negligence claims on a No Win, No Fee basis.
Free Consultation Call +353 1 903 6407