What is a Medical Negligence Claim?
Medical negligence claims cover harm caused by substandard healthcare from GPs, hospital doctors, nurses, dentists, midwives, and other regulated professionals. The legal test is whether the professional fell below the standard of a reasonably competent practitioner in their field, and whether that failure caused the harm. Expert medical evidence is essential in every case.
Am I Entitled to Claim?
You may have a claim if a healthcare provider missed an obvious diagnosis, failed to refer you, made surgical errors, prescribed inappropriately, failed to obtain proper consent, or managed your care so poorly that you suffered identifiable harm. The two-year limitation runs from the date of the negligent act or the date you first became aware of the harm.
Step-by-Step Process
Gather Records
Request your full medical records from all involved providers under the Data Protection Act.
Contact Keans
We review the facts and take instructions. A free first consultation clarifies whether to proceed.
Medical Expert Review
We instruct an independent medical expert in the same specialty to review the treatment.
Statutory Notice
Where the respondent is a public hospital, a pre-action letter is sent and responses are assessed.
Court Proceedings
Medical cases are usually issued in the High Court rather than going through the IRB.
Settlement or Trial
Most medical cases settle after pleadings close. Some proceed to full hearing.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- Full medical records from the GP, hospital, or clinic in question
- Copies of any consent forms you signed
- Prescription and medication records
- Correspondence between doctors, consultants, and your GP
- A detailed personal account of symptoms, treatment, and conversations
- Records of any complaint submitted to the HSE or the Medical Council
- Reports from any independent medical experts consulted since
Compensation Ranges
Medical negligence compensation can be substantially higher than other personal injury categories because harm is often permanent and life-long care costs are high. We work with accountants and specialist medical experts to quantify claims accurately.
Frequently Asked Questions
Not automatically. A bad outcome is not proof of negligence. The legal question is whether the standard of care fell below what a reasonably competent practitioner would provide. Many complications are accepted risks disclosed at consent. Expert review is the only way to know.
The initial Keans consultation is free. Medical negligence cases require significant expert evidence that must be paid for during the case. We discuss the funding arrangements clearly at the outset. After-the-event insurance is sometimes available.
It should not. Irish healthcare providers are legally required to continue treating patients who have claims against them. That said, some patients prefer to transfer care for comfort reasons. We can assist with arranging a new provider if needed.
Most medical cases settle once pleadings close and expert reports are exchanged. A full trial is rare but we prepare for it from day one so we are ready if it becomes necessary.
Two years from the date of the accident or the date you first became aware of the injury. Miss it and your claim is statute barred, so contact a solicitor early.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.
Specific Claim Types
Explore the specific claim type most relevant to your situation.
GP Negligence Claims
Missed diagnosis, failure to refer, and prescribing errors by general practitioners.
Read more →Surgical Error Claims
Technical errors during surgery, consent failures, and post-operative management.
Read more →Birth Injury Claims
Injuries to mother or baby during labour, delivery, and post-natal care.
Read more →Cancer Misdiagnosis Claims
Delayed or missed cancer diagnosis where earlier detection would have improved outcome.
Read more →