Irish Medical Negligence
Irish Legal Advice

You should learn about medical negligence and then seek legal advice if you feel you have suffered negligence.

Learn about Medical Negligence in Ireland

Negligence in Hospitals

Most medical negligence in Ireland happens in hospitals. This includes surgical errors, incorrect medications, infections, doctor errors, misdiagnosis, and more.

GP Negligence

GP medical negligence can include failure to diagnose fractures, misdiagnosis of illnesses, incorrect treatments, and more.

Birth Injuries

Birth injuries can result in brain damage, haematoma, asphyxia, Erb’s palsy, cerebral palsy, and more.

Surgical Errors

Surgical errors can result nerve damage, brain damage, operating on the wrong body part and even wrong amputations.

Talk with an Expert Medical Negligence Solicitor

Latest News about Medical Negligence in Ireland

Read More
Read More
Read More

Medical Negligence Claims

Medical negligence claims for compensation are frequently the necessary consequence of when a medical professional makes a mistake in the diagnosis or treatment of a patient´s ailment, which subsequently leads to the patient suffering a loss, an injury or the deterioration of an existing condition.

Medical negligence claims can stem from either your physician not taking sufficient care to correctly diagnose your symptoms, surgical complications, excessively delaying treatment for the symptoms of your medical condition or failing to provide appropriate treatment at all.

To establish a case for medical negligence, claims must show that a “duty of care” was owed to you and that the physician or healthcare worker who had undertaken your treatment had made a mistake through a lack of care and that their negligence led to an injury which would have otherwise been avoided “in the circumstances and at the time” if your treatment had been administered properly.

The areas of physician´s duties are clearly explained in the Medical Practitioners Act 2007, and medical negligence claims for compensation must show that a healthcare worker has displayed unacceptable behaviour, failed to communicate important issues and has demonstrated poor professional performance – either a lack of skill or the failure to apply it.

Making Medical Negligence Claims

However, unlike personal injury claims, medical negligence claims in Ireland are resolved by negotiation or dealt with by a court rather than assessed by the Injuries Board, and a claim for medical negligence compensation will usually follow the following process:-

  • You would speak with a solicitor who specialises in medical negligence claims in Ireland and explain the injury you sustained which you believe is attributable to medical negligence.
  • The solicitor would write to all the professionals involved with your treatment (including administrators, lab technicians and other support staff) to obtain copies of any relevant notes.
  • The solicitor will obtain independent medical opinion on whether an alternative course of action “at the time and in the circumstances” would have averted the loss, injury or deterioration of an existing condition.
  • You would then be informed whether you have a claim for medical negligence which is worth your while to pursue and, if so, provided with details of the procedures that may have to be completed for your particular claim.

It will always be your decision whether or not to proceed with a medical negligence claim for compensation.

Medical Negligence Claims and Contributory Negligence

One of the major issues regarding medical negligence claims in Ireland is whether the plaintiff has contributed to the cause or extent of an injury by their own lack of care. Examples of this include if a patient has attended their doctor and failed to communicate the full range of symptoms they have experienced – creating a misleading picture of their illness – if a patient has failed to take the medication prescribed for them or if they have missed follow up appointments with their doctors or referrals to consultants.

Even if a patient has every good intention, and failed to explain to a nurse in hospital that they are in pain because the nurse is busy, medical negligence claims could be contested on the grounds that it was the patient´s own fault that their condition deteriorated. Being construed as having contributed to your medical injury will not automatically disqualify you from making medical negligence claims, but it could delay the resolution of your claim and may affect how much compensation for medical negligence you ultimately receive.

Who Pays Medical Negligence Compensation?

By law, every medical practitioner wishing to practise medicine in Ireland must be registered with The Medical Council of Ireland. They in turn, insist that every medical practitioner – no matter what their specialised field of practise – holds comprehensive professional indemnity insurance to cover medical negligence claims. Consequently, if you feel that you have been the victim of medical negligence, claims for compensation are usually made against the medical practitioner´s insurance company rather than the individual(s) responsible for your injury.

The exception to this is when medical negligence claims are made against a hospital, clinic or surgery. When the individual healthcare worker who is responsible for your loss, injury or the deterioration of an existing condition is employed by a medical facility, they are considered to be “agents and servants” of that facility. Therefore, if you have sustained an injury due to inadequate nursing care at a public hospital, your claim for medical negligence compensation would be made against the Health Service Executive (HSE) and paid for by the State Claims Agency.

Free Advice about Medical Negligence Claims in Ireland

Medical negligence claims can happen in any branch of medicine and, as it is an area which requires a high level of expertise to handle effectively. In order to help you understand the process for claiming medical negligence compensation in Ireland in relation to your personal circumstances, we have set up a free advice telephone service to offer helpful and accurate information for people who believe they (or a member of their family) have been the victim of medical negligence.

Claims made against members of the medical professional are often made reluctantly, and we understand that not only has there been a breach of care but a breach of trust as well, therefore – Call us now on 1800 989 850 or if you cannot speak now please fill in the form on the left and we will call you back.

We Promise you:

  • 100% Absolute confidentiality and discretion
  • 100% A one-to-one consultation with a specialist solicitor
  • 100% Only accurate, up-to-the minute information
  • 100% Unbiased and impartial advice in plain English

What You Can Expect?

You call to our telephone advice service will be answered directly by one of our specialist team. They will listen as you explain how you believe your physician or healthcare worker was medically negligent and how their breach of care has subsequently affected you.

Our solicitor will try to ascertain quickly if there is a case for making a medical negligence claim that is worth your while to pursue. Further investigations may be required before we can proceed this far, but we can often gauge from what you have told us the extent of the medical negligence and whether responsibility can be proven.

We appreciate that you may have been through an exceptionally traumatic experience, and consequently there will be no pressure on you to proceed with a claim. Instead, our solicitor will offer advice and a list of proposals for you to consider in your own time.

If you subsequently choose to make a medical negligence claim for compensation, our solicitor will be happy to provide you with all the information you need to ensure that you receive an appropriate amount of compensation in respect of the trauma you have experienced.

One of the most important factors in deciding whether to make a medical negligence claim for compensation is knowing that you have all the facts and information before you. Therefore, we strongly advise you to give our free advice telephone service a call and speak with one of our team on 1800 989 850

If this is not a convenient time right now, please complete the call-back form below and one of our team will ring you when it is more suitable.