At Kerrigan Solicitors, we find that clients regularly are daunted at the prospect of speaking to a solicitor about the complex area of medical negligence law. Here is a brief guide of the process…
What You Need to Know Before Taking a Medical Negligence Case in Ireland
If you have suffered harm because of poor medical treatment, you may be wondering whether you have grounds to make a medical negligence claim. Bringing a claim can seem daunting, but understanding the legal process and your rights can help you make an informed decision.
At our Galway medical negligence practice, we advise clients throughout Galway and across Ireland who have been affected by negligent medical care. Whether your treatment took place in a public hospital, a private clinic, or by a GP, our experienced medical negligence solicitor can guide you through every stage of the claims process.
What Is Medical Negligence?
Medical negligence occurs when a doctor, nurse, hospital, dentist, or other healthcare professional fails to provide treatment that meets the standard expected of a reasonably competent practitioner, and that failure causes injury or avoidable harm.
Not every poor medical outcome amounts to negligence. Medicine is complex, and even appropriate treatment can sometimes have complications. A successful medical negligence claim requires evidence that the care fell below the accepted standard and that this caused your injury.
When Can You Make a Medical Negligence Claim?
You may have grounds to bring a claim if negligent medical treatment resulted in:
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A delayed diagnosis.
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A misdiagnosis.
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Incorrect treatment.
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Surgical errors.
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Medication mistakes.
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Birth injuries.
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Failure to obtain informed consent.
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Delayed referral to a specialist.
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Hospital-acquired infections caused by inadequate care.
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Failure to monitor your condition appropriately.
Medical negligence can occur in hospitals, GP surgeries, emergency departments, maternity units, dental practices, nursing homes, and private healthcare facilities.
What Must You Prove?
To succeed in a medical negligence case in Ireland, you generally need to establish the following:
A) Duty of Care
Healthcare professionals owe their patients a legal duty to provide treatment that meets accepted professional standards.
B) Breach of Duty
You must demonstrate that the treatment provided fell below the standard expected of a reasonably competent healthcare professional working in the same field.
C) Causation
It is not enough to show that a mistake was made. You must also prove that the negligence directly caused your injury or made your condition significantly worse.
Expert medical evidence is usually essential to establish both breach of duty and causation.
The Importance of Medical Records
Your medical records are often one of the most important pieces of evidence in a medical negligence claim.
They may include:
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Hospital records.
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GP notes.
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Scan and X-ray reports.
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Blood test results.
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Referral letters.
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Operation notes.
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Nursing records.
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Discharge summaries.
Your solicitor will usually obtain and review these records before seeking an independent medical expert’s opinion.
Independent Medical Experts
Medical negligence claims almost always require evidence from independent medical experts.
These experts review your records and provide an objective opinion on:
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Whether the standard of care was acceptable.
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Whether negligence occurred.
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Whether the negligence caused your injuries.
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The long-term impact of your condition.
Expert evidence is often central to the success of a claim.
Time Limits for Medical Negligence Claims in Ireland
Strict time limits apply to medical negligence claims.
In many cases, court proceedings must be started within two years from the date you became aware, or ought reasonably to have become aware, that your injury may have resulted from negligent treatment.
Different rules may apply to children and people who lack the capacity to manage their legal affairs.
Because limitation periods can be complex, it is advisable to seek legal advice as early as possible.
What Compensation Can Be Claimed?
Compensation is intended to place you, as far as money can, in the position you would have been in if the negligence had not occurred.
You may be able to recover compensation for:
General Damages
General damages compensate for:
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Pain and suffering.
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Physical injuries.
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Psychological trauma.
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Loss of quality of life.
Special Damages
These cover financial losses such as:
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Loss of earnings.
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Future income loss.
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Medical expenses.
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Rehabilitation costs.
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Care provided by family or professionals.
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Travel expenses.
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Future treatment costs.
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Adaptations to your home if required.
Every claim is assessed individually based on the evidence and the impact of the injury.
Common Types of Medical Negligence Claims
Our Galway medical negligence solicitor regularly advise clients in relation to:
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Hospital negligence claims.
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GP negligence.
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Accident and Emergency negligence.
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Surgical negligence.
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Delayed diagnosis claims.
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Cancer misdiagnosis claims.
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Birth injury claims.
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Orthopaedic negligence.
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Dental negligence.
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Cosmetic surgery negligence.
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Medication error claims.
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Sepsis negligence claims.
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Failure to diagnose stroke or heart attack.
How Long Does a Medical Negligence Claim Take?
Every case is different.
Straightforward claims may conclude within a shorter period, while complex cases involving multiple medical experts or serious injuries can take considerably longer.
The timescale often depends on:
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The complexity of the medical issues.
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The availability of expert reports.
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Whether liability is disputed.
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The severity of your injuries.
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Whether the case settles or proceeds to court.
Your solicitor will keep you informed throughout the process.
Why Early Legal Advice Matters
Seeking legal advice early allows your solicitor to:
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Obtain your medical records promptly.
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Preserve important evidence.
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Identify the appropriate medical experts.
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Advise you on limitation periods.
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Assess the strength of your claim.
Early investigation often helps avoid unnecessary delays.
Why Choose Kerrigan Solicitors?
We understand that pursuing a medical negligence claim is about more than financial compensation. Many clients want answers, accountability, and reassurance that lessons will be learned.
Our team provides:
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Specialist experience in medical negligence law.
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Clear and practical legal advice.
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Compassionate support throughout your claim.
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Thorough investigation of complex medical issues.
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Representation for clients throughout Galway and across Ireland.
We work closely with leading independent medical experts to ensure every claim is carefully prepared and fully supported by evidence.
Frequently Asked Questions
Will every medical mistake amount to negligence?
No. Healthcare professionals are not legally responsible for every adverse outcome. The law requires proof that the care provided fell below an accepted professional standard and that this caused your injury.
Do I need medical records before contacting a solicitor?
No. Your solicitor can assist in obtaining your medical records and arranging independent expert review where appropriate.
Contact Kerrigan Solicitors
If you believe you have suffered because of negligent medical treatment, our experienced Galway medical negligence solicitor is here to help.
We can assess your circumstances, explain your legal options, and guide you through the medical negligence claims process with clear, practical advice. Contact us today at 091-820630 through our website at kerrigansolicitors.ie or by email m.kerrigan@kerrigansolicitors.ie to arrange a confidential consultation and learn whether you may have grounds to pursue a medical negligence claim.