Methods of Proving Medical Negligence in Ireland

By November 2, 2020 July 3rd, 2021 No Comments

Medical negligence claims in Ireland have risen dramatically over the past 10 years with tens of thousands of cases being reported every year. There are a number of reasons why this is happening but what has been most interesting to note is that cases that previously would have only ever been heard in the High Court now regularly make their way to the Circuit and District Courts. This is because there has been an increased awareness among members of the public when it comes to personal injury law and how it can work for them if they were injured by someone else’s negligence or through no fault of their own.


Medical negligence claims in Ireland seem to be difficult to prove if there is no knowledge of them. To verify 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 checkups after baby birth, etc.
  • Misdiagnoses: Misdiagnosis of illnesses and consequent delays in treatment.
  • Surgery error: Plastic surgery or cosmetic procedures went 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 through our website:  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.

medical negligence-ways to prove



Proving negligence can be difficult. Furthermore, the 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.

Leave a Reply | Phone: 01 234 0044 | Fax: 01 234 0047