Medical Negligence Claims in Ireland
If you are worried about medical treatment that you or a loved one received, it can be difficult to know where to turn. You may be wondering whether what happened was an unfortunate outcome or whether it was medical negligence and should be looked into further.
Medical negligence claims can feel daunting because they involve both medical and legal questions. We can help you understand your options, gather the right information and decide whether there may be grounds to investigate a claim.
What is medical negligence?
Medical negligence may arise where a doctor, hospital or other healthcare provider does not provide the standard of care that could reasonably be expected, and this causes injury, harm or a worsening of a patient’s condition.
A poor outcome does not always mean that someone was negligent. Medical treatment can involve difficult decisions, known risks and complications. Usually, a medical negligence claim needs evidence that:
- The standard of care provided fell below what could reasonably be expected.
- The patient suffered injury, harm or additional complications.
- The injury was caused by the failure in care.
Common examples of medical negligence
Medical negligence can happen in many different healthcare settings, including public hospitals, private hospitals, GP practices, dental practices and other clinical settings. Examples can include:
- Delayed diagnosis or misdiagnosis
- Surgical errors
- Medication errors
- Failure to refer for specialist treatment
- Birth and maternity-related injuries
- Failure to obtain informed consent
- Errors in emergency or hospital care
- Failure to identify serious medical conditions in a timely manner
Each case is different and will depend on the facts, the medical records and, in many cases, an opinion from an independent medical expert.
How a medical negligence claim is investigated
The first step is usually to request and review the relevant medical records. These records help show what treatment was provided, what decisions were made and when key events took place.
In some cases, an independent medical expert may then be asked to review the records and give an opinion on questions such as:
- The treatment provided
- Whether the standard of care was appropriate
- Whether any failure in care occurred
- Whether the injury suffered was caused by that failure
Because an independent medical opinion is often needed, medical negligence claims can take time to investigate properly. Getting advice early can help make sure the right records are requested and the important issues are identified from the start.
Time limits for medical negligence claims
There are strict time limits for bringing medical negligence claims in Ireland. In many cases, the time limit is connected to when the injury happened or when the person first became aware that the injury may have been linked to the treatment received.
The correct time limit depends on the facts of each case, so it is important not to delay in seeking advice. Waiting too long may make it harder to obtain records, arrange expert medical input or take any necessary legal steps.
If you are unsure whether a deadline applies, you should seek advice as early as possible.
What information should you keep?
If you are concerned about medical treatment, try to keep any documents or notes that may help explain what happened. These may include:
- Hospital correspondence
- Medical reports
- Appointment records
- Prescription information
- Details of healthcare providers involved
- A timeline of events and symptoms
A written timeline can be particularly useful. Try to include dates, symptoms, appointments, conversations and any changes in your condition.
When should you speak to a solicitor?
People often speak to a solicitor because they want to understand what happened. You do not need to have decided to bring a claim before asking for advice. An initial consultation can help you decide whether the matter should be looked into further.
We can help you understand:
- Whether there may be grounds for investigation
- What information is required
- What time limits apply
- What the next steps may be
Every medical negligence case is different. Early advice can give you clarity, help protect your position and support you in deciding what to do next.
Talk to our medical negligence team
If you are worried about treatment you received, our team can speak with you in confidence, listen to your concerns and explain whether the matter should be investigated further.
Contact us to arrange an initial consultation with a solicitor experienced in medical negligence claims.
This article is intended for general information purposes only and does not constitute legal advice. Specific legal advice should always be obtained in relation to individual circumstances.