How to make a medical negligence claim* against the HSE is one of the most asked questions at our offices. It can take time and effort to make a claim, but you can make a successful claim against the HSE with the help of our experienced legal team.

A missed diagnosis, avoidable delays in A&E and cancer treatment errors are some of the common medical negligence claim*s made against the HSE in Ireland.

O’Reilly Doherty & Company, medical negligence solicitors in Dublin, have the experience to make a compensation claim against the HSE.

What is medical negligence in Ireland?

Medical negligence in Ireland is when you suffer a personal injury due to a breach of duty of care by a medical professional.

To prove your personal injury was due to medical negligence, you must show:

  • The medical professional owed you a duty of care
  • The medical professional breached their duty of care to you
  • You suffered any injury due to the breach of duty of care
  • You suffered financial costs and losses due to the breach of duty of care

If an A&E doctor fails to diagnose your possible case of sepsis and you fall ill, leading to you missing time off work and a loss of income, then you may have a medical negligence claim* for compensation.

Instances of negligence in HSE hospitals are on the rise. Average figures show over 106,000 adverse incidents per annum in the HSE, with 9% being near misses, or nearly caused a death, in other words. In one year recently nearly 550 people died due to an adverse incident in a HSE hospital in Ireland.

O’Reilly Doherty & Company solicitors in Dublin can work with you to make a medical negligence claim* against the HSE.

What are the steps to making a medical negligence claim* against the HSE?

The steps to making a medical negligence claim* against the HSE range from contacting a solicitor to agreeing on compensation. 

We’ve put these steps together from our years of experience in medical negligence at O’Reilly Doherty & Co. Solicitors and from our legal knowledge of claiming compensation. 

The steps to a good claim for medical negligence compensation against the HSE:

Getting a good medical negligence solicitor can make all the difference to your compensation claim against the HSE.

The right medical negligence solicitor will have years of experience behind them.

They will have a team of medical experts and legal brains in place who will know how to put together your claim.

Putting together a strong claim for medical negligence is key to winning the compensation you deserve.

Your solicitor and a medical expert will work with you to form the claim by listening to your story and combining it with your medical records.

Your medical records can show a clear timeline of what happened to you when under the care of a medical professional at a HSE hospital, care centre or at an outpatient appointment.

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

The HSE, usually their team of solicitors, will examine your ‘Letter of Claim’ and reply to the State Claims Agency with their side of the claim.

If they accept the claim of medical negligence, they may agree with the findings of the State Claims Agency.

In many cases, the HSE will dispute your case but, but in some claims, accept it.

You may need to take the case to court if the State Claims Agency does not make a fair offer of compensation, or if the HSE denies liability.

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 against the HSE can be settled before the court hearing, often on the steps of the court when they see you’re not backing down or the evidence you may have, including expert medical opinion.

A good solicitor will know when to settle your case with the HSE and how much compensation you should accept.

O’Reilly Doherty & Co. medical negligence solicitors have the experience to be with you at every step of the way in making a medical negligence claim* against the HSE.

What can a medical negligence solicitor do to help you when making a claim against the HSE?

A good medical negligence solicitor will know from day one how to make a claim against the HSE and how to help you make it a successful compensation claim.

Your medical negligence solicitor will also know by looking at your details if you have a valid claim for medical negligence, and what are your chances of winning the claim.

Ways a good medical negligence solicitor can help with a compensation claim:

  • Determine if you have a valid claim for medical negligence
  • Help you gather evidence for the medical negligence claim*
  • Arrange for you to meet with medical experts for a second opinion
  • Get your medical records from the HSE
  • Prepare your claim for the State Claims Agency
  • Make the medical negligence claim* to the State Claims Agency
  • Deal with the State Claims Agency
  • Advise you on what to do if the State Claims Agency refuses the case
  • Take your medical negligence claim* against the HSE to the High Court
  • Represent you at all times when making the claim against the HSE
  • Advise you on what level of medical negligence compensation to accept

At O’Reilly Doherty & Company, we have years of experience making successful medical negligence claim*s against the HSE.

O’Reilly Doherty & Company will be by your side at all times during the medical negligence claim* against the HSE.

What do I need to make a medical negligence claim* against the HSE?

You need everything from evidence to expert medical opinion to be ready for making a medical negligence claim* against the HSE.

Establishing medical negligence in your case is the number one priority. At O’Reilly Doherty & Company, we work with our clients from day one to make sure the medical negligence claim* is in order.

You will need evidence to make a medical negligence claim* against the HSE.

Evidence you will need can be:

  • Prove that you were a patient of the medical professional
  • Medical notes on your medical procedure or appointment
  • CCTV evidence, if it is available, of what happened to you
  • Names of the staff involved with your case
  • Your medical records
  • A timetable of the events in your medical negligence claim*
  • Eye witness reports of what happened to you under the care of the HSE
  • A second medical expert’s opinion of your claim
  • X-rays, scans and other test results
  • Results of blood tests
  • Notes on your treatment
  • Notes on medications and when they were given
  • Notes on follow-up treatments in the HSE

The more evidence you can gather, the better it will be for the medical negligence claim* against the HSE.

O’Reilly Doherty & Company, solicitors in Dublin, can help with the evidence gathering and anything else you may need for the medical negligence claim*.

Make a medical negligence claim* against the HSE today

Claim medical negligence compensation today by contacting O’Reilly Doherty & Co in Dublin.

O’Reilly Doherty & Co. has an experienced team, knowledge of medical negligence law, and will dedicate our services to helping you.

You are the one with an injury from the medical negligence by the HSE and have financial losses to recover and costs to pay.

Contact O’Reilly Doherty & Co today to make a medical negligence claim* against the HSE.

FAQS on making a medical negligence claim* against the HSE

Yes, you can sue the HSE for medical negligence. The HSE is a big organisation, and making a medical negligence claim* may seem impossible, but the process is straightforward.

You can make a medical negligence claim* against the HSE for the damages you suffered when in their care.

It can take months and even many years to make a medical negligence claim* against the HSE. The important part is that you make the claim and that you have the compensation claim right from day one.

A good medical negligence solicitor will go through all the time limits for making a claim against the HSE.

You have two years to make a medical negligence claim* against the HSE in Ireland.

The two years begin from the ‘date of discovery.’ The date of discovery is when you are diagnosed with a personal injury due to medical negligence.

It may be months or even years after the medical negligence happened, but your time limit begins on that date of diagnosis.

The State Claims Agency is the body responsible for dealing with medical negligence claim*s against the HSE.

The SCA is a panel of legal and medical experts who look at your claim, decide if it is valid and what compensation should be paid.

You do not need a solicitor for a claim against the HSE, but having one on your side can make all the difference between you winning or losing a claim.

An experienced medical negligence solicitor knows all the steps in making a claim against the HSE and can be your trusted advisor at every step of the process.