Our medical negligence compensation guide gets you from making a claim to working with one of our solicitors on accepting the compensation you deserve.

Medical negligence can be difficult to understand and navigate. Our guide to medical negligence should simplify the process and help you get on the road to claiming compensation for your personal injury.

You are the one who suffered medical negligence, and you should be the one to claim compensation for its impact on your life.

O’Reilly Doherty & Co solicitors in Dublin will be your guide to claiming medical negligence compensation.

What is medical negligence?

Medical negligence is when you suffer an injury before, during, or after treatment by a medical professional. A missed diagnosis of cancer, a failure to treat your diabetes, or an error with a prescription are good examples of medical negligence in Ireland.

To prove medical negligence in Ireland, you will need to show:

  • The medical professional had a duty of care to you
  • The medical professional breached that duty of care
  • The breach of duty of care by the medical professional caused you harm

If you can show you suffered harm when a medical professional breached their duty of care to you, you could have a medical negligence compensation claim.

The State Claims Agency paid out over €1.4 billion over the four years up to the start of 2025. Only 35 claims or 1% of the total were settled by court. In all more than 2,500 cases were settled by the SCA in the time period. LINK

O’Reilly Doherty & Co can work with you to discover if you suffered medical negligence leading to a compensation claim.

Common examples of medical negligence

Common examples of medical negligence range from a missed diagnosis by a GP to a medication error in the A&E.

Medical negligence can happen at any stage of medical treatment, and you could suffer the effects on your life today and in the future.

Some common types of medical negligence in Ireland:

  • Hospital Negligence
  • Surgical Negligence
  • GP Negligence
  • Misdiagnosis negligence
  • Missed diagnosis negligence
  • Late diagnosis negligence
  • Care home negligence
  • Birth negligence
  • Fatal medical negligence
  • Medical care negligenc

You can suffer medical negligence from a:

  • GP
  • Medical consultant
  • Pharmacist
  • Hospital doctor
  • Paramedic
  • A&E doctor
  • Care home nurse
  • Oncology nurse

O’Reilly Doherty & Co medical negligence solicitors in Finglas will work with you to form a medical negligence claim* to get the compensation you deserve.

Can I make a medical negligence claim* in Ireland?

Yes, you can make a medical negligence claim* in Ireland. If you suffered due to the actions of a medical professional, it may impact your life, and you could have a compensation claim.

Once you can show that the medical professional breached their duty of care to you, causing you a personal injury, you may have a compensation claim.

It can be daunting to take on the HSE or even your local GP, but if you are suffering due to their errors, you may be in line for compensation to help get your life back on track.

O’Reilly Doherty & Co. has years of experience handling medical negligence claim*s and can take the stress out of claiming damages for medical negligence.

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 by the doctor, nurse, or the HSE.

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 you:

  • 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

To keep a track of the effect of the General Damages on your life, you should:

  • Keep a record of the levels of pain and when it affects you
  • Write down what you could do before the medical negligence 
  • Write down what you cannot do since the medical negligence injury
  • Get a letter from your gym or sports club on what you were able to do
  • Get a letter from your employer on how the negligence impacts your work
  • Get a letter from a close family member on how your life has changed

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

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

To keep a track of the impact of Special Damages on your life, you should:

  • Keep all receipts when paying the medical bills
  • Keep payslips from your work before the medical negligence
  • Show payslips on how the medical negligence has impacted income
  • Keep all receipts for hotels, taxis, and meals 
  • Show the work you need to do to adapt the home or car
  • Show rent or mortgage payments you have to meet
  • Outline future costs for children’s schooling and college fees

The more costs and expenses you can show you need to pay, the more you can claim in compensation to meet the financial pressures on you.

O’Reilly Doherty & Co. solicitors in Dublin have the team to claim damages in a medical negligence compensation claim.

The steps to claiming medical negligence compensation

The steps to claiming medical negligence compensation are easy to follow and are self-explanatory.

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

The steps to a good claim for medical negligence compensation:

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

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.

Solicitors may offer medical negligence services, but if they do not have a dedicated team working for clients, they will not be able to deliver for you.

Putting together a good 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.

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

Submitting your claim for medical negligence to the State Claims Agency is the next step when your case is ready.

Your solicitor will submit your claim to a private medical provider if your negligence did not happen in the HSE.

Submitting the claim may seem like the final step in the process, but it is often just the first round in what can be a long battle, one that your solicitor will handle for you.

The negligent party will 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.

In many cases, they will dispute your case or, in some claims, accept it but make a miserly offer of compensation.

You may need to take the case to court if the negligent party does not make a good offer of compensation or 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 can be settled before the court hearing, often on the steps of the court when they see you’re not backing down, and a good solicitor will know when to settle.

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

Will I need to go to court for my medical negligence claim*?

No, you do not need to go to court for a medical negligence claim* in Ireland. The insurance company or the solicitor for the other side may threaten court, but they are only trying to intimidate you.

If you work with O’Reilly Doherty & Co to make a medical negligence claim*, we will be on your side from day one and know how to deal with insurance companies and solicitors.

A medical negligence claim* may have to go to court if the other side refuses to admit to medical negligence or does not offer to pay an acceptable level of compensation to you.

Can I claim against the HSE for medical negligence?

Yes, you can claim against the HSE for medical negligence.

The HSE may seem like a big, unwieldy organisation, and starting a medical negligence claim* could look daunting at first. 

At O’Reilly Doherty & Co., we know how to make a medical negligence claim* against the HSE. We know where to start, who to contact and how to fight the HSE after medical negligence.

Who pays out a compensation claim against the HSE?

The State Claims Agency pays out on a compensation claim against the HSE. The SCA was established by the government to handle clinical negligence claims and to make claims against the HSE easier than in the past.

O’Reilly Doherty & Co medical negligence solicitors in Dublin know how to work with the State Claims Agency to make your claim, and what is an acceptable level of compensation.

How long does it take to claim medical negligence compensation?

It can take more than a year to claim medical negligence. Many medical negligence claim*s in Ireland take many years to process, depending on the complexity of the case.

O’Reilly Doherty & Co. has the team in place to fight your medical negligence claim* as efficiently as possible.

If you follow our guide and keep all records straight, you can help quicken the medical negligence claim*s process.

Claim medical negligence compensation 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 their services to helping you.

You are the one with an injury from the hospital negligence, the cancer misdiagnosis, and the failure to treat by a GP.

Contact O’Reilly Doherty & Co today for all your medical negligence compensation needs.