Medical Negligence Claims Solicitors in Cork & Dublin

Medical negligence arises where a healthcare professional or provider fails to meet the standard of care expected of a reasonably competent practitioner in the same position, and that failure causes injury, worsens an existing condition, or reduces the chance of a better outcome.

The Irish courts assess the standard of care by reference to the principles set out in Dunne v National Maternity Hospital and later case law. In simple terms, it is not enough that something went wrong. It must be shown that the care fell below an acceptable standard and that this caused harm.

A claim can potentially be made against hospitals, clinics, GP practices, consultants, dentists, nurses, midwives, pharmacists, and other regulated healthcare professionals.

In some cases, the claim is taken against the individual practitioner. In others, it is taken against the organisation responsible for the service, such as the HSE, a voluntary hospital, or a private hospital group. Identifying the correct defendant depends on how the care was delivered and the employment or contractual arrangements involved.

No. Not every poor or unexpected outcome amounts to negligence. Medicine carries inherent risks, even when care is appropriate and competent.

To succeed in a claim, it must be shown that the care fell below the required standard and that this caused the injury. A known complication, on its own, is not necessarily negligence.

Cauda equina syndrome (CES) is a serious spinal condition that requires emergency diagnosis and treatment, usually surgery within 24 to 48 hours, to prevent permanent nerve damage. Where a healthcare professional fails to recognise or act on the red flag symptoms of CES, such as sudden loss of bladder or bowel control, saddle numbness, or bilateral leg weakness, and this delay results in permanent injury, including paralysis or incontinence, this may amount to medical negligence. Because CES is time-critical, even a short delay in referral, scanning, or surgery can significantly affect the outcome, making these among the more serious medical negligence claims.

Yes. A medication error, such as a doctor prescribing the wrong drug or dose, or a pharmacist dispensing the wrong medicine, is a medical negligence claim, and it depends on proving that a healthcare professional fell below the standard of care expected of them. A defective pharmaceutical or medical device claim is different. It arises where the product itself was faulty or unsafe, for example a drug with an undisclosed side effect, a contaminated batch, or a device that failed due to a manufacturing or design flaw, regardless of whether any healthcare professional made an error. These claims are usually brought against the manufacturer or supplier under product liability law, rather than against the doctor, pharmacist, or hospital that administered or supplied the product.

Before treatment, you are entitled to clear information about the material risks, benefits, and alternatives. If a significant risk is not explained, and you suffer harm linked to that risk, there may be grounds for a claim based on lack of informed consent.

The courts in Ireland have confirmed that patients must be given sufficient information to make an informed decision about their treatment.

A complaint is about raising concerns, seeking explanations, and encouraging service improvement.

A compensation claim is a legal process that focuses on proving negligence, causation, and financial loss.

You can make a complaint and pursue a claim at the same time. However, making a complaint does not stop the legal time limit from running.

If your treatment was in a public hospital or public service, you can use the HSE complaints process.

You may also raise concerns with the relevant professional regulator, such as the Medical Council, the Dental Council, or the Nursing and Midwifery Board of Ireland.

A complaint process is separate from a legal claim for compensation.

Yes. The Patient Safety Act 2023 introduced a statutory framework for mandatory open disclosure of certain serious patient safety incidents.

Healthcare providers must inform patients, or their families, where a notifiable incident has occurred. Even where the Act does not apply, professional guidance strongly supports openness and transparency.

Most claims require:

• Full medical records
• Independent expert medical reports
• Evidence that the standard of care fell below what was acceptable
• Evidence that the breach caused the injury
• Proof of financial losses

Medical negligence cases are evidence-heavy, and they usually depend on reports from independent medical experts.

In most adult cases, you have two years less one day to issue court proceedings. This time limit runs from the date of the negligent act, or from the date of knowledge of the injury and its cause.

The date of knowledge can be complex, and it is important to seek advice as early as possible.

For children, the two-year time limit does not begin to run until their eighteenth birthday. This means that, in many cases, proceedings must be issued before their twentieth birthday.

However, a parent or guardian can bring a claim on behalf of a child before that time.

Different limitation rules may apply where a person lacks legal capacity to manage their own affairs. These situations are legally complex, and specific advice is essential.

The value of a claim depends on:

• The severity of the injury
• The long-term prognosis
• The impact on work and daily life
• The need for future care or treatment
• Financial losses

Compensation may include general damages for pain and suffering, and special damages for financial losses such as medical expenses, care costs, travel, aids and appliances, and loss of earnings.

Many cases settle before a full hearing. However, medical negligence claims often require formal court proceedings and detailed expert evidence before settlement discussions can meaningfully take place.

If a case proceeds to trial, it is usually because liability, causation, or the value of the claim remains in dispute.

Claims can take several years. The process often involves gathering records, obtaining expert reports, and engaging in negotiations.

More complex cases, particularly those involving serious injuries or multiple defendants, can take longer.

If you believe you may have suffered harm due to negligent medical treatment:

• Write down what happened while it is fresh in your mind
• Keep copies of correspondence and receipts
• Request your medical records
• Seek legal advice as soon as possible

Early advice from an experienced medical negligence solicitor is important to protect your position, particularly in relation to time limits.