You make a medical negligence claim* in Ireland by following a few simple steps. The easy-to-follow steps go from identifying the medical negligence to getting compensation for the damages suffered.

Medical negligence can impact your life in many ways. You could be very ill, need hospital treatment, your life may be in danger, and you could need full-time care due to medical negligence.

Every medical professional owes you a duty of care. If they breach that duty of care, causing you a personal injury, it could be medical negligence. You make a medical negligence claim* for compensation for your costs and losses.

O’Reilly Doherty & Co. medical negligence solicitors in Dublin, can be with you from day one to guide you through the steps in making a medical negligence claim* in Ireland.

What are the steps in making a medical negligence claim* in Ireland?

The steps to make a medical negligence claim* in Ireland go from getting medical advice to taking the negligence case to court if all the other steps fail to get the negligent party to pay compensation.

Your medical negligence solicitors will be with you along every step of the way to making a successful medical negligence claim*.

You engage a medical negligence solicitor when you may have been a victim of below an acceptable standard of medical care by a medical professional.

In a medical negligence case, you could claim the HSE hospital, GP, hospital consultant, outpatient nurse, or a private medical provider like a nursing home.

A good medical negligence solicitor can make all the difference to a claim for medical negligence.

Forming a claim for medical negligence is done with your solicitor, a medical expert and by accessing your medical records.

Your medical records can show a clear timeline of what happened to you when under the care of the medical professional, such as when you were admitted to the hospital and the tests you underwent.

The solicitor may ask you to see another doctor for a second opinion on any injury due to medical negligence.

When your case is ready, the solicitor can submit your claim for medical negligence to the negligent party.

The negligent party, the HSE in most cases of medical negligence, can examine your ‘Letter of Claim’ and reply to it within several months.

If they accept the findings of medical negligence, they may make an offer of compensation.

You may need to take the case to court if the negligent party does not accept the medical negligence claim*.

Taking a medical negligence claim* to court, such as when the HSE disputes a claim of a missed diagnosis of a stroke or of making a medication error, does not happen often in Ireland.

A claim may also need to go to court if the negligent party agrees to your claim but does not agree to the amount of compensation claimed.

Your medical negligence solicitor will take every step to avoid going to court, but will be there for you if court becomes the only option.

A claim can be settled before the court hearing, even during a hearing, but a good solicitor will know when to settle a medical negligence claim*.

O’Reilly Doherty & Co. medical negligence solicitors have the experience to be with you at every step of the way to claim compensation for medical negligence.

How long do I have to make a claim for medical negligence?

You have two years to make a medical negligence claim* in Ireland. The two-year limit starts from the day you discover the negligence happened.

In legal terms, the date of realising a patient suffered medical negligence is known as the ‘date of discovery.’ In many cases, you may only discover medical negligence in your medical treatment that happened more than two years previously, and still make a claim.

Cases such as this happen when someone goes for a second opinion and the other doctor discovers that the hospital consultant missed an early cancer diagnosis or the GP prescribed the incorrect medication.

It may be more than two years later, but you now have a date of discovery, and the two-year limit only begins on the day the negligence was discovered, not the day it occurred.

In all medical negligence cases, it is best to start the compensation claim as soon as possible after the negligence occurred, while the evidence is still fresh in your memory.

O’Reilly Doherty & Co. medical negligence solicitors can be with you when dealing with medical negligence time limits and can help make the compensation claim.

Can I make a claim for medical negligence without a solicitor?

Yes, you can make a claim for medical negligence without a solicitor, but you will be missing out on the expertise and experience that a good medical negligence solicitor brings with them.

You can be sure that the other side of the medical negligence claim*, the HSE, the private medical care provider or the nursing home will have solicitors on their side, and they won’t be sympathetic to your case.

A good medical negligence solicitor will be on your side. They will help you to identify exactly where the medical negligence happened and the many effects it is having on your life.

If a medical negligence claim* goes to court, you should have a solicitor by your side who will use their experience to fight your case. A medical negligence solicitor will know what damages to claim, what damages you are entitled to and what level of medical negligence compensation you deserve.

O’Reilly Doherty & Co. solicitors have the experience in medical negligence claims* to get compensation for any injury.

Do I have to go to court with a claim for medical negligence in Ireland?

No, you do not have to go to court with a claim for medical negligence in Ireland, but some cases do, and that is when you will need a medical negligence solicitor.

If you have a strong case showing that you suffered medical negligence at any stage of your care and treatment, you should be able to avoid going to court. The solicitors for the other side will try to undermine your case and challenge it, but a good compensation claim for medical negligence should stand on its own two feet.

When you follow our steps to claiming medical negligence, you are taking the steps to avoid going to court. Your medical negligence solicitor will stand firm and fight your compensation claim.

If you do have to go to court for a medical negligence claim*, your solicitor will be by your side. They will know the process, how to represent you in court and when to accept an offer of compensation.

Many claims for medical negligence in Ireland that do go to court are settled on the morning of the case or in the early days of the hearings. The other side quickly settles when they see you are willing to fight and that you have the right medical experts on your side.

O’Reilly Doherty & Co. medical negligence solicitors will be by your side from day one and know how to win a claim for medical negligence in Ireland.

What are the common reasons for losing a claim for medical negligence?

The reasons for losing a medical negligence claim* range from not preparing properly to not having the right evidence to prove a claim for medical negligence. In any legal case, you need to prepare, and if you do not prepare properly, you can lose the claim.

The common reasons for losing a medical negligence claim* in Ireland:

  • Making the claim after the two-year limit for medical negligence cases
  • Not having sufficient medical evidence of suffering due to medical negligence
  • Not proving the medical professional broke their duty of care
  • Your injury was due to your own fault, i.e. not taking the medications
  • Not showing your injury was due to medical negligence
  • Your medical records do not show an injury or sufficient injury
  • Expert medical opinion does not agree with your claim for injury
  • Not proving the breach of duty of care caused your injury

Many reasons for winning or losing a medical negligence claim* in Ireland can come down to opinion. If you can show that the medical negligence caused your injury and other doctors and medical experts agree with your opinion, then you have a good chance of winning a claim for medical negligence compensation.

O’Reilly Doherty & Co. solicitors can advise you on forming a medical negligence claim* and how to avoid the reasons of losing one.

How long does a claim for medical negligence take in Ireland?

It can take more than a year for a medical negligence claim* to be resolved in Ireland. Many cases take more than a year, up to three years at times, while some medical negligence claims* last over seven years and beyond.

A good medical negligence solicitor in Ireland can give you an idea of how long the compensation claim may take, but some cases can hit a few hidden bumps in the road to make the process take even longer.

A medical negligence claim* can take a longer time when:

  • You do not have your evidence in place in plenty of time
  • A medical expert is delayed when giving an opinion
  • The case is complex due to the nature of the injury
  • The negligent side fights every point of the compensation claim
  • The medical negligence claim* goes to court
  • A backlog of claims in the courts system holds up the case

The other side may cause delays in the hope that you will drop the claim for medical negligence. Your solicitor will be aware of these tactics and can dismiss them quickly where possible.

O’Reilly Doherty & Co. will use their medical negligence experience to help make your claim go as quickly as is possible.

Medical Negligence Claims FAQs

The answers to a few medical negligence claims* FAQs can help put your mind at rest and help you focus on claiming medical negligence compensation.

Medical negligence is when a medical professional breaches their duty of care to you. Every doctor, nurse and healthcare provider owes every patient a duty of care.

If a medical professional provides medical care at a standard that no other medical professional would provide in similar circumstances, it could be medical negligence.

In a claim for medical negligence, the smallest piece of evidence could make the biggest difference in making a successful compensation claim.

Evidence to make a medical negligence claim*:

  • Hospital medical records
  • Copy of any medical tests, scans, and X-rays 
  • HSE incident reports on the possible errors made in your case
  • A medical report from an independent doctor 
  • Eye witness accounts, such as from family members with you at the time
  • Financial report on the impact of the medical negligence on your income
  • Report from a physiotherapist 
  • Report from a psychologist 
  • A personal account of what happened to you
  • An account of what happened to your life by a family member
  • Photographs of any injuries

The more evidence you can gather, the better it may be for your claim for medical negligence.

Yes, you can make a medical negligence claim* against the HSE. The HSE is a big organisation, but we know exactly who to contact for a medical negligence claim* and how to contact them.

The HSE may well deny your claim when you make it, but that does not mean they are right. 

Your solicitor will expect the HSE to react and will know how to take the next step in making a compensation claim.

Yes, you can make a medical negligence claim* for a loved one in Ireland.

If an injured person is too ill, too young, or unable to make a medical negligence claim*, their family and dependents can claim compensation on their behalf.

You may make a medical negligence claim* for a loved one if you are:

  • The spouse of the victim of medical negligence
  • A parent 
  • A step-parent 
  • A grandparent 
  • A child 
  • A step-child 
  • An adult-dependent 
  • Family members who rely on the patient for care and financial support
  • A sister or brother 
  • A half-brother or sister 

A good solicitor can guide you through claiming medical negligence compensation for a loved one.

What are Damages in a medical negligence claim*?

Damages in a medical negligence claim* are for the impact on your life today and in the future of the breach of duty of care.

Damages in a medical negligence compensation claim are a combination of:

General Damages are compensation for what is known as the Loss of Amenity in your life.

You may claim General Damages if:

  • Have unnecessary pain and discomfort
  • Suffer difficulty in walking, exercising, and getting out of bed
  • Have difficulty doing the everyday jobs you could do before the injury
  • Have the devastating effects of an undiagnosed stroke or cancer

Special Damages are for the financial costs to you due to the errors while under the care of a medical professional.

You claim the Special Damages for costs and financial losses, such as:

  • Medical Bills
  • Loss of Income
  • Out-of-Pocket Expenses 
  • Paying for adaptations to the home and car

O’Reilly Doherty & Co. solicitors can talk you through all the FAQs when making a medical negligence compensation claim.

Make a medical negligence claim* for compensation today

Make a medical negligence claim* for compensation today by contacting O’Reilly Doherty & Co Solicitors. We have the team in place to make your claim and get you compensation for the injuries.

Medical negligence can be a complicated process, but with the right solicitor on your side, you can get the compensation you deserve.

You are one who suffered medical negligence of a misdiagnosis of a heart attack, a missed cancer diagnosis or sepsis from an infection that should have been treated with stronger antibiotics.

When a medical professional may be responsible for your below-acceptable level of care, you could have a compensation claim.

O’Reilly Doherty & Co. Solicitors in Dublin will help make your medical negligence compensation claim.