What counts as medical negligence in Ireland

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

In Ireland patients do sometimes suffer avoidable injuries due to medical negligence despite the best efforts of practitioners or the Health Service.


In these circumstances, it is possible to make a medical negligence claims to recover compensations for injuries you have sustained. But claiming compensation for any kind of medical negligence in Ireland can often be extremely complex.

This article represents what counts as medical negligence in Ireland and what should you do in such circumstances. One important note is, no two medical negligence claims are the same. It can be common that the injuries you have sustained are identical to somebody else´s injuries however a claim will not necessarily be the same.

What Counts As Medical Negligence

Medical negligence can be described as any “adverse incident” which is attributable to a mistake made by a medical practitioner or an agent of a medical practice. The possible negligent parties are extensive and include doctors, dentists, consultants, plastic surgeons, psychologists, nurses, chiropractors, opticians, hospital administrators, laboratory technicians and so on. These medical practitioners can be public employees or work in a private practice.

Some medical negligence claims may include:

  • Unable to diagnose or treat a serious illness.
  • Brain and spinal cord injuries due to late or incorrect diagnosis.
  • Fail to diagnose or treat mental illness such as depression, dementia.
  • Not referring the patient to another specialist if it was necessary to do so.
  • Fail to obtain consent
  • Reducing a patient’s chance of full recovery from their medical condition by delaying a proper standard of medical care, diagnosis and treatment.
  • Not warning a patient about the risks of a particular treatment.
  • Negligence in childbirth care and procedures causing physical and psychological birth injuries to the baby and mother, cerebral palsy to the baby, insufficient care and resulting death of both baby and mother.
  • Serious Injury or death caused by careless and negligent surgery
  • Not carrying out an operation properly with the required standard of reasonable care causing a surgical complication not performed with necessary attention and reasonable standard of care.
  • Hospital systems fail to maintain a hygienic, clean hospital causing patients to contract infections.
  • Not using clean surgical instruments, swab on an open wound, clean hands before an operation causing the patient to contract an infection.

What Should You Do

The first step to consider is to bring a negligence claim. The time duration is two years from the date of the injury or connection between the further injuries and the matters you believe to have caused the injuries.


Medical negligence claims are a very complex part of Irish law. It is your duty to discuss the nature and amount of your loss, avoidable deterioration of an existing condition or increased injury with a well practiced solicitor at the first opportunity to avoid future damage.

We are happy to offer an initial telephone conversation with one of our medical negligence solicitorswithout charge or obligation.

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