Medical Negligence
Written in plain language for general understanding. This is educational content, not legal advice. Based on Irish Acts of the Oireachtas, statutory instruments, and official guidance.
Irish National Law
What is this right?
If you suffer harm because a healthcare professional fell below the standard of care that a reasonably competent practitioner would have provided, you may have a medical negligence claim. The legal test (from Dunne v National Maternity Hospital) requires:
- The healthcare professional owed you a duty of care.
- They breached that duty by failing to meet the standard of a reasonably competent practitioner in their field.
- The breach caused your injury (or worsened it).
- You suffered damage (physical, psychological, or financial).
Medical negligence cases are heard in the High Court (for claims over €75,000) or the Circuit Court (up to €75,000).
When does it apply?
- You were treated by a doctor, surgeon, nurse, dentist, or other healthcare professional — in a public hospital, private hospital, or GP surgery.
- The limitation period is generally 2 years from the date of the injury or from the date you became aware (or ought to have become aware) of the injury.
- For minors, the limitation period does not begin until they turn 18.
- A poor outcome alone is not negligence — medicine involves risks, and not all bad results are caused by error.
What should you do?
- Get a copy of your medical records — you have a right to these under the Data Protection Acts/GDPR. Request them in writing.
- Consult a solicitor specialising in medical negligence — most offer a free initial consultation. They will arrange for an independent medical expert to review your case.
- You may be able to get legal aid through the Legal Aid Board for medical negligence cases involving the HSE.
- Before proceedings, a solicitor must get a medical report from an expert supporting the claim — this is required by court rules.
What should you NOT do?
- Don't delay — the 2-year limitation period is strict. Consult a solicitor as soon as you suspect negligence.
- Don't confuse a bad outcome with negligence — an expert must confirm that the standard of care was breached.
- Don't sign any release or settlement without independent legal advice.
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