Medical Negligence in Ireland
Reviewed by the Commoner Law Editorial Team. Sourced from Irish Acts of the Oireachtas, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If You Suspect Medical Negligence in Ireland
- 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.
Common Questions
What do I have to prove in a medical negligence case in Ireland?
Under the Dunne v National Maternity Hospital test, you must show: (1) the healthcare professional owed you a duty of care, (2) they breached that duty by failing to meet the standard of a reasonably competent practitioner in their field, (3) the breach caused your injury or worsened it, and (4) you suffered damage — physical, psychological, or financial. A poor outcome alone is not negligence.
How long do I have to bring a medical negligence claim in Ireland?
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. Claims over 75,000 euros are heard in the High Court; up to 75,000 euros in the Circuit Court. Do not delay — the 2-year period is strict.
How do I start a medical negligence claim in Ireland?
Get a copy of your medical records — you have a right to these under the GDPR. Consult a solicitor specialising in medical negligence; most offer a free initial consultation. They will arrange for an independent medical expert to review the case. Before proceedings, court rules require a medical report from an expert supporting the claim. You may qualify for legal aid for medical negligence cases involving the HSE.
When does it apply — medical negligence?
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 I do if I think a doctor or hospital harmed me through negligence in Ireland?
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 — medical negligence?
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.