Medical Negligence

Medical Negligence Claims in Ireland

Medical negligence, sometimes referred to as clinical negligence or medical malpractice, arises where a healthcare professional or medical provider fails to provide the standard of care that could reasonably be expected, and that failure causes injury, loss or a worsening of a person’s condition.

Not every poor medical outcome amounts to negligence. Medical treatment can involve risk, and sometimes complications arise even where proper care has been taken. A medical negligence claim generally requires evidence that the care provided fell below an acceptable professional standard and that this caused harm.

These claims can involve hospitals, consultants, GPs, dentists, nurses, care providers or other healthcare professionals. They can also arise in both public and private healthcare settings.

Types of Medical Negligence Claims

Medical negligence claims can cover a wide range of circumstances, including:

• Delayed diagnosis or misdiagnosis

• Failure to diagnose an illness, injury or condition

• Surgical errors

• Errors during childbirth or maternity care

• Medication errors

• Dental negligence

• Failure to refer for further tests or specialist treatment

• Poor post-operative care

• Failure to properly monitor a patient

• Negligent treatment in a hospital, clinic, GP practice or care setting

In many cases, the issue is not immediately obvious. A person may only begin to question what happened after symptoms worsen, a second opinion is received, or further treatment reveals that something may have been missed earlier.

How Medical Negligence Claims Are Different

Medical negligence claims are usually more complex than other personal injury claims. Unlike road traffic accidents, workplace accidents or accidents in public places, medical negligence claims are not assessed through the Injuries Resolution Board. They generally require detailed medical records, careful legal review and independent expert medical opinion before a claim can be properly advanced.

This is why early advice is important. Before any decision is made about whether to bring a claim, it is usually necessary to examine the medical background, identify the relevant treatment decisions, and consider whether there is evidence to support both negligence and causation.

Causation is particularly important. It is not enough to show that something went wrong. It must also be shown that the failure in care caused injury, avoidable harm, a delayed recovery, or a worse outcome than would otherwise have occurred.

What Should I Do If I Think I Have a Medical Negligence Claim?

If you are concerned about medical treatment you received, it is useful to write down a clear timeline of what happened while the details are still fresh. Keep copies of any letters, appointment notes, prescriptions, test results, discharge papers, referral letters or other documents connected to your care.

You do not need to have all of the answers before contacting a solicitor. Many people come to us because they are unsure whether what happened amounts to negligence. We can listen to your concerns, explain the process, and advise on the next practical step.

There are strict time limits for bringing medical negligence claims in Ireland. In many cases, the time limit is connected to the date of the negligent treatment or the date you first became aware that the treatment may have caused injury. Because every case is different, it is important to get advice as soon as possible rather than waiting until the full medical position is clear.

Why Choose David Walley & Co Solicitors?

David Walley & Co Solicitors has significant experience advising clients in medical negligence and personal injury matters. We understand that these cases are often emotionally difficult as well as legally complex, particularly where a person has lost trust in a medical provider or is still dealing with the consequences of what happened.

If you are worried about treatment you received, or treatment provided to a family member, you can contact us in confidence. We will explain your options in plain English and help you decide what to do next.