INJURED.IE MEDICAL NEGLIGENCE GUIDE
A medical negligence claim requires more than an unexpected result or a complication. The evidence must support a legally actionable failure in the provision of healthcare and show that it caused injury, death or additional loss.
When may medical treatment give rise to a negligence claim?
A claim may be considered where an act or omission in providing a health service is alleged to have fallen below the legally required standard and to have caused avoidable injury or additional harm. A poor outcome, recognised complication or dissatisfaction does not by itself establish negligence or causation. Medical records, the clinical sequence and appropriately qualified independent opinion may be important.
What is medical or clinical negligence?
Irish legislation defines clinical negligence by reference to an act or omission in the provision of a health service by a health-service provider in circumstances capable of giving rise to liability in negligence for personal injury or death. In practical terms, the legal review separates two questions: whether the care was negligent and whether that negligence caused the injury or loss alleged.
Those questions are evidence-led. A solicitor cannot safely determine a case from the outcome alone, and another person’s experience or settlement does not establish what should happen in an individual matter.
Healthcare situations that may require legal review
Diagnosis and referral
An alleged missed or delayed diagnosis, or a delayed referral, requires examination of the symptoms, investigations, decisions, timing and the effect any delay is said to have caused.
Surgery and procedures
A surgical or procedural complication is not automatically negligence. The records, consent process, technique alleged, subsequent care and medical causation may all matter.
Medication and treatment
Questions may concern prescribing, dosage, contraindications, monitoring or the response to an adverse event. The precise clinical facts and causal effect must be established.
Maternity and neonatal care
Reviews may involve antenatal, labour, delivery or neonatal care. These cases can require detailed records and specialist medical assessment.
Dental treatment
A concern about dental treatment may require review of clinical notes, imaging, consent, the treatment provided and the nature and cause of the alleged injury.
Follow-up and aftercare
An allegation concerning monitoring, test results, discharge advice or follow-up must be assessed against the actual records and the loss said to have resulted.
These are examples of issues that may require review. They do not indicate that negligence occurred or that a claim will succeed.
Evidence and records to preserve
It is useful to prepare an accurate chronology and retain material connected with the treatment and its effects. Depending on the case, relevant items may include:
- the names of the healthcare providers and the dates and locations of treatment;
- appointment letters, discharge documents, prescriptions, test results and correspondence;
- a clear note of the symptoms, advice, decisions and events as remembered;
- details of later treatment and the current medical position;
- photographs or other records of the injury where appropriate;
- receipts and documents supporting treatment expenses, travel costs or loss of earnings; and
- any complaint made and the response received.
Access to the relevant clinical records and, where appropriate, independent expert review may be needed before a solicitor can advise responsibly on breach and causation. Our personal injury evidence guide explains general evidence-preservation principles.
Medical negligence claims do not go through the Injuries Resolution Board
The Injuries Resolution Board states that its statutory remit excludes claims arising from the provision of a health service, the performance of a medical or surgical procedure, and the provision of medical advice or treatment. A person should not submit a medical negligence claim through the Board on the assumption that it follows the ordinary assessment route.
The Courts Service identifies medical-negligence claims as an exception to the usual requirement to include a Board authorisation with a personal-injury summons. That does not mean court proceedings are immediate or inevitable. The appropriate route depends on the legal and medical review, correspondence, the evidence and the individual circumstances.
How a medical negligence claim may be assessed
1. Initial legal review
The treatment history, alleged injury, important dates and available documents are considered to identify the factual and legal issues.
2. Records and clinical chronology
The relevant healthcare records may be obtained and organised so that the treatment sequence and the allegations can be assessed accurately.
3. Independent medical opinion
Where appropriate, opinion from a suitably qualified independent expert may be required on the standard of care and whether the alleged failure caused the injury or loss.
4. Advice on the available route
Only after the available evidence is reviewed can a solicitor advise on further investigation, correspondence, possible resolution or court proceedings.
Strict legal time limits can apply. The applicable date and period must be checked for the individual circumstances, so advice should be sought promptly rather than relying on a general webpage.
Legal costs and funding
Legal work and expert review can involve professional fees and outlays. Before instructing a solicitor, ask what work is included, how costs and outlays will be explained, and what may happen in different outcomes. Our guide to legal costs in personal injury claims provides general information.
The fixed-fee information published for the services expressly listed on the legal-costs page relates to work on an Injuries Resolution Board claim. Because the Board does not assess medical negligence claims, that fee must not be assumed to apply to a medical negligence matter.
If you are considering a conditional funding arrangement, read No Win No Fee Explained. The availability and terms of any arrangement depend on the case and must be confirmed in writing; the phrase does not mean every possible cost or circumstance is automatically covered.
Related guidance
For general information about solicitors, evidence, procedure and next steps, visit our guide to personal injury claims and solicitors in Ireland. Medical negligence is a distinct route and should not be confused with the ordinary Injuries Resolution Board process.
Medical negligence claims: common questions
Does a poor medical outcome prove negligence?
No. A poor outcome, complication or dissatisfaction does not by itself prove that the care was negligent or that it caused the loss alleged. The standard of care and causation must be assessed from evidence.
Do I apply to the Injuries Resolution Board?
No. The Board states that claims arising from health services, medical or surgical procedures, medical advice or treatment are excluded from its remit.
Will I need my medical records?
The relevant records are commonly important because they document the treatment, investigations, decisions and timing. The records required depend on the allegations and healthcare providers involved.
Is an independent medical expert required?
Expert opinion may be needed to address the applicable standard of care and causation. Whether it is required, and which specialty is appropriate, depends on the issues in the case.
Does every medical negligence claim go to court?
No. Court proceedings are not an automatic or immediate step in every matter. The available route depends on the evidence, legal advice, correspondence and whether the dispute can be resolved.
How long will a medical negligence claim take?
There is no reliable universal timeframe. The records, number and complexity of medical issues, expert review, the parties’ positions and any proceedings can affect the duration.
Official sources
The legal and procedural statements above were checked against these primary or official sources:
Speak with a medical negligence solicitor in Dublin
Injured.ie is operated by Lalloo Solicitors. Dalippe Lalloo is the sole practitioner and can review the available information and explain whether further investigation may be appropriate. Appointments are available at Alexandra House, 3 Ballsbridge Park, Dublin 4, D04 C7H2. Visits may be arranged across Dublin and Leinster where appropriate, and online consultations are available nationwide.
Call (01) 664 1800 or email info@injured.ie.
This page provides general information only and is not legal or medical advice. No solicitor-client relationship arises unless Lalloo Solicitors confirms its appointment in writing. No outcome, timeframe or funding arrangement is guaranteed. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.