Medical Negligence Solicitors Dublin | Gary Matthews Solicitors

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Medical Negligence Claims in Ireland — What You Need to Know

When you are treated by a medical professional, you are entitled to expect a "Duty of Care" from that medical professional who you hold responsible for your well-being. It does not matter if that medical professional is a Consultant, a Surgeon, a Doctor, a Nurse, a Psychologist, a Dentist, or any other person who treats you — they all owe you a duty of care.

Medical Negligence occurs when a healthcare professional fails to provide the standard of care expected of a competent professional in their field, and that failure causes you harm, injury, or worsening of your condition. At Gary Matthews Solicitors – Injury Law, we specialise in pursuing Medical Negligence claims across all of Ireland.

📊 Medical Negligence in Ireland — Key Statistics

HSE liability rose from €2.8 billion (2018) to €4.6 billion (2022). Catastrophic injuries are under 2% of claims but account for over 50% of payouts. (Source: HSE Claims Report, verified July 2025)

Why People Hesitate to Claim — and How We Support You

"Gary Matthews Solicitors made a daunting process simple and stress-free... best possible result." — Former Client, Dublin

Many people delay seeking legal advice following medical negligence due to fear, emotional strain, shock, or worries about cost. We understand completely. Our team offers expert, compassionate guidance at every step of the process. We will never pressurise you and will always explain everything clearly in plain language.

Common Types of Medical Negligence in Ireland

Delayed or missed diagnosis (including cancer misdiagnosis, stroke diagnosis delays)
Surgical errors or retained surgical instruments
Prescription and medication dosage mistakes
Birth injuries (including cerebral palsy, Erb's palsy, hypoxic brain injury)
Aftercare negligence and failure to monitor patients
Failure to gain informed consent before a procedure
GP or consultant neglect and missed referrals
Mismanagement of psychiatric or mental health conditions
Cosmetic surgery errors and complications
CAMHS child mental health service failures
Dental negligence and failures in dental treatment
A&E and emergency care negligence

Specialised Types of Medical Negligence We Handle

🎗️ Cancer Misdiagnosis

Delayed cancer diagnosis can have devastating consequences. We handle claims where a failure to diagnose or delayed diagnosis of cancer has worsened the patient's prognosis or outcome.

👶 Birth Injuries

Injuries sustained during labour and delivery due to medical errors. Includes cerebral palsy, brain damage, shoulder dystocia, and other birth-related negligence claims.

🔪 Surgical Errors

Wrong-site surgery, retained instruments, anaesthetic errors, post-operative negligence, and complications arising from avoidable surgical mistakes.

🏥 HSE Negligence Claims

You can sue the HSE directly for substandard care received in public hospitals, clinics, or health centres. Our solicitors are experienced in pursuing HSE medical negligence claims.

Systemic Failures in Irish Healthcare

Underfunding, understaffing, and outdated systems contribute to harmful errors across hospitals in Ireland. These system-level issues can support negligence claims in addition to individual healthcare professional errors. Our experienced medical negligence solicitors understand the full landscape of Irish healthcare failures and use this knowledge to build the strongest possible case for our clients.

How to Prove Medical Negligence in Ireland

To succeed in a medical negligence claim in Ireland, you must prove the following four elements:

Duty of Care

The healthcare professional owed you a duty of care. This is almost always established in clinical settings.

Breach of Duty

The healthcare professional failed to meet the standard of care expected of a competent professional in their field. Expert medical testimony is essential to establish this.

Causation

The breach of duty directly caused your injury, harm, or worsening of your condition. This is often the most complex element to prove in Irish medical negligence cases.

Damage

You suffered actual harm, injury, loss, or damage as a result of the negligence. This includes physical, psychological, and financial harm.

How to Start a Medical Negligence Claim

Contact Us for a Free Consultation

Call or email us to arrange your free, confidential initial consultation. We listen to your experience and advise you on the options available.

Collect Your Medical Records

Gather all relevant medical records, letters, prescriptions, and documentation. We will assist you in obtaining your complete medical history from the relevant healthcare providers.

Independent Medical Expert Appointed

We appoint and fund an independent medical expert in the relevant field to review your case. Their expert report is the cornerstone of your medical negligence claim.

Case Evaluation

We carefully evaluate the expert's opinion and assess the strength of your claim. We will give you our honest assessment of your prospects of success.

Negotiate or Pursue Court Proceedings

We enter negotiations with the defendant or their insurers. If a fair settlement cannot be reached, we issue and pursue court proceedings on your behalf.

Typical Medical Negligence Claim Timeline in Ireland

Stage	What Happens	Estimated Timeframe
Initial Consultation	Review facts, evidence, and medical records	1–2 weeks
Medical Expert Report	Independent medical evaluation and expert report	2–4 months
Correspondence & Investigation	Letter of claim sent, defendant responds	3–6 months
Negotiation	Attempt to reach fair out-of-court settlement	3–12 months
Court Proceedings (if required)	Court hearing or continued settlement negotiations	2–4 additional years

Funding Your Medical Negligence Claim

Gary Matthews Solicitors – Injury Law provides No Win No Fee* terms for medical negligence claims. We understand that pursuing a medical negligence case can be financially daunting, which is why we take on the financial risk on your behalf. We also assist with interim payment applications in catastrophic injury cases where you require immediate financial assistance for ongoing care or loss of earnings.

Special Circumstances — Time Limit Extensions

The standard two-year limitation period for medical negligence claims in Ireland may be extended in the following circumstances:

Minors: Time runs from the child's 18th birthday, unless a parent brings the claim earlier
Mental incapacity: Time is paused until the claimant regains capacity
Delayed discovery: The "Date of Knowledge" rule applies where the negligence was not immediately apparent

However, do not rely on extensions — always contact us as soon as you suspect medical negligence to protect your rights.

Irish Medical Negligence Legal Precedents

Notable Irish court cases have shaped how medical negligence and causation are judged in Ireland. Key cases include Gough v Neary and Dunne v National Maternity Hospital, which set important legal standards for what constitutes negligent medical care and how causation must be proved.

A Real Medical Negligence Case Study

Case Study: Cancer Misdiagnosis — €750,000 Settlement

A Dublin client was misdiagnosed with a minor illness when their condition was, in fact, advanced cancer. The diagnosis delay severely impacted their health and prognosis. With expert oncology evidence secured by our team, we successfully pursued the case and the HSE agreed to a €750,000 settlement — enabling long-term care and compensation for income loss. (Details anonymised for client confidentiality.)

Patient Rights & Complaints Under HIQA

Patients in Ireland have rights under the Health Information and Quality Authority (HIQA) framework. You have the right to:

Request full disclosure from healthcare providers about your care
Make formal complaints to the hospital, HSE, or private healthcare provider
Escalate unresolved complaints to HIQA, the HSE, or the Health Ombudsman
Obtain copies of all your medical records
Seek an independent expert opinion on your medical treatment

For more detailed information, visit: Medical Negligence Solicitors Ireland — Full Guide

Medical Negligence — Frequently Asked Questions

You must show that no competent healthcare provider in the same specialty would have acted in the same way in the same circumstances. Independent expert testimony from a specialist in the relevant medical field is essential to establish this in Irish courts. Our solicitors manage the entire expert engagement process on your behalf.

Yes. You can bring a medical negligence claim directly against the HSE for substandard care received in public hospitals, clinics, or health centres in Ireland. Our solicitors have extensive experience in pursuing HSE medical negligence claims. The State Claims Agency (SCA) handles litigation on behalf of the HSE.

The standard time limit is two years from the date you discovered — or ought reasonably to have discovered — that you suffered harm due to medical negligence. Exceptions apply for minors and persons under a mental disability. Medical negligence claims do NOT go through PIAB/IRB — they are pursued directly through the courts. Contact us immediately if you suspect negligence.

Compensation in medical negligence claims varies enormously depending on the nature and severity of the harm caused. Minor cases may settle for €50,000–€100,000. Catastrophic injury claims, such as brain damage at birth or severe surgical errors, can result in awards exceeding €1 million. Our solicitors will give you a realistic assessment of your claim's value at your initial consultation.

Most medical negligence cases settle through mediation or direct negotiation without going to court. Court proceedings are more common in medical negligence than standard personal injury cases, particularly in complex or highly disputed claims. If your case does go to court, our experienced solicitors will be fully prepared to fight for you every step of the way.

Medical Negligence Solicitors Ireland