How to prove medical negligence in Ireland

By November 2, 2020 January 26th, 2021 No Comments

To verify a negligence has occurred, there must be evidence.  It is easy to establish that a doctor/patient relationship existed i.e.medical receipts for treatment/ medical records. However establishing negligence requires further proof.

Some common medical negligence areas are-

  • Birth Injuries: Misdiagnosis in pregnancy, not responding on time, issues during birth, not doing immediate health checkup after baby birth etc.
  • Misdiagnoses: Misdiagnosis of illnesses and consequent delays in treatment.
  • Surgery error: Plastic surgery or cosmetic procedures gone wrong.
  • Medication error: Failure to prescribe a required medication, or prescribing the wrong medication resulting in other physical problems.
  • Consent – failure to inform the patient of the risks involved leading to issues on consent or indeed not obtaining proper consent at all.
  • Delay – There can be a delay in diagnosis or treatment which can lead to injury

Proving Medical Negligence Claims

Proving a doctor has acted negligently in his/her treatment of a patient is a rather complex task. The law only allows for you to issue a medical negligence claim if it can be shown ‘on the balance of probability’ that there was an error.

This balance of probability will be established by your solicitor by way of an expert report from a competent physician who will confirm that there was negligence and that this negligence led to or contributed to the plaintiff’s personal injury.

What Should You Do

Contact us to have an off the record no obligation consultation.  We will be able to run through the facts of the case with you and give you an initial assessment.

From there, the next step is to obtain your medical records from your doctor or consultant.

This information will then be sent to our expert (Doctor or consultant in the relevant practice area) to review and provide an expert opinion on whether the care provided was substandard and also to confirm that the injury sustained is due to the lack of care.

Photographs of the injury could be useful if it’s possible to take a photograph of the injury. One common example of this would be a cosmetic surgery that has gone wrong. You should also take some notes i.e., a description of the injury, dates and times, how the injury was before and after, names of those involved, hospital or clinic location etc.


Proving negligence can be difficult. Furthermore defendant will most often be a large insurance company with deep pockets. This often has the desired effect in preventing injured parties from taking a case for fear of costs. This does not have to be the case and here at Medical Negligence Solicitors, we will provide you with an opinion on the likelihood of success and indeed any risks associated with your case to ensure you have the necessary comfort before issuing proceedings.

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