Understanding claims
Medical Negligence Claims in Ireland
Medical negligence is where medical care falls below the standard reasonably expected and that causes harm. Irish courts apply the principles set out in Dunne v National Maternity Hospital, which look at whether a competent practitioner would have acted differently.
A claim generally needs three things. There must have been a duty of care, the care must have fallen below an acceptable standard, and that failing must have caused an injury or made matters worse. Not every poor outcome meets this test, which is why it helps to talk your situation through.
There are also time limits. A claim must usually be brought within two years of the date you knew, or ought reasonably to have known, about the issue, with different rules for children. Because these limits can be complex, it is sensible to ask early.
Areas we help with
Common types of medical negligence claim
Medical negligence covers many situations. If you are unsure where your concern fits, just ask. These are the areas we most often advise on.
Misdiagnosis Claims
Being told that a health problem was missed or diagnosed late can be distressing and confusing. You may be left wondering whether an earlier answer would have changed things for you. We offer clear, careful advice so you can understand what happened and what your options are.
Learn moreSurgical Error Claims
Surgery involves trust, and when something appears to go wrong it can leave you anxious and looking for answers. You may be coping with further treatment or a longer recovery than expected. We offer clear, careful advice so you can understand what happened and what your options are.
Learn moreBirth Injury Claims
When something appears to go wrong around the birth of a child, it can be one of the most difficult experiences a family faces. You may be worried about your own recovery or about your baby. We approach these matters with care and dignity, and offer clear, gentle advice on your options.
Learn moreHospital Negligence Claims
When you are unwell, you place your trust in a hospital and its staff. If you feel that care let you down, it is natural to want to understand what happened and why. We offer clear, careful advice so you can make sense of your experience and consider your options.
Learn moreGP Negligence Claims
Your GP is often the first person you turn to when you are unwell, and you rely on their judgement. If you feel that something was missed or not handled as it should have been, you may want to understand what happened. We offer clear, careful advice on your options.
Learn moreDental Negligence Claims
Dental problems can be painful and have a real effect on daily life, and you rely on your dentist to treat you carefully. If you feel that treatment went wrong or that a problem was missed, you may want answers. We offer clear, careful advice so you can understand your options.
Learn moreNursing Home Negligence Claims
Trusting a nursing home to care for someone you love is a big step, and it is upsetting to learn that their care may have fallen short. You may be worried about their wellbeing and dignity. We approach these matters with care and offer clear, gentle advice on your options.
Learn more
Simple and clear
How it works
A straightforward path from your first question to clear advice on where you stand.
- 1
Get in touch
Tell us briefly what happened, by the enquiry form or by phone. There is no obligation.
- 2
Initial review
We listen, ask a few questions and look at the key facts and any records you have.
- 3
Advice on next steps
We explain your options clearly, including any time limits that may apply to you.
- 4
Claim preparation, if appropriate
If there may be a claim, we guide you through what comes next at a pace that suits you.
Your questions
Frequently asked questions
Broadly, medical negligence is where medical care falls below the standard reasonably expected and that causes harm. Whether a particular situation meets that test depends on the facts. Irish courts apply the principles set out in Dunne v National Maternity Hospital. The clearest way to understand your own situation is to talk it through.
Get in touch
You do not have to work this out alone
Talk it through with Stephen Kelly Law, confidentially and with no obligation. We will help you understand where you stand and what your options may be.