Medical Negligence Solicitors

Cosmetic Surgery Claims

• Cosmetic Surgery Claims
• Blepharoplasty Claims
• Rhinoplasty Claims
• Liposuction Error Claims
• Gastric Band Surgery

Medical Care and Surgery Claims

• Hospital Negligence Claims
• GP Negligence Claims
• Dental Negligence Claims
• Prescription Errors
• Retained Surgical Instruments Claims
• Breast Surgery Claims

Birth & Gynaecological Claims

• Birth Injury Claims
• Cerebral Palsy Claims
• Erb’s Palsy Disorder Claims
• Gynaecological Injury Claims
• Obstetric Injury Claims
• Forceps Injury Claims
• Perineal Tear Injury Claims

Oncology Claims

• Cancer Misdiagnosis Claims
• Breast Cancer
• Hepatitis C Claims

Opticians

A medical negligence claim typically moves through investigation, expert assessment, pre‑litigation steps and then, if not resolved, formal court proceedings and potential trial. In Ireland these claims usually bypass PIAB and issue directly in the courts due to their complexity.

1. Initial investigation

- Take a detailed history of treatment, symptoms, and alleged failings, and identify potential defendants (GP, consultant, hospital, HSE, private clinic).

- Obtain and review all relevant medical records, imaging and test results, along with any prior complaints or correspondence.

2. Expert opinion and case assessment

- Instruct an appropriately qualified independent medical expert to address both negligence (substandard care) and causation (did that substandard care cause the injury).

- Only if a supportive expert report is obtained will a solicitor typically advise proceeding with a medical negligence claim.

3. Pre‑action steps

- Send a detailed letter of claim to the practitioner/hospital/HSE, setting out the alleged negligence, injuries, and inviting proposals to settle; protocols increasingly encourage early disclosure and ADR.

- Allow time for a reasoned response (admissions/denials, records and possibly expert reports) and explore negotiation or mediation where appropriate.

4. Issuing proceedings

- Draft and issue a Personal Injuries Summons (or equivalent originating document), usually in the High Court, pleading the factual narrative, alleged breaches, causation and loss, supported by the expert opinion.

- Serve proceedings on the defendants, who will enter an Appearance and Defence, often accompanied by their own expert reports; further condition and prognosis reports may be obtained as the case progresses.

5. Case management, resolution or trial

- Engage in discovery, exchange of witness and expert reports, and attend case‑management or clinical negligence list reviews, with ongoing settlement discussions or ADR.

- If not resolved, proceed to trial where the judge assesses expert and lay evidence on breach, causation and quantum, and awards or dismisses the claim; limitation is generally two years from the date of injury or knowledge, subject to special rules for minors.

JJakub Babiarz

Medical negligence occurs when a healthcare provider fails to meet the expected standard of care, resulting in harm to a patient. This can include misdiagnosis, surgical errors, delayed treatment, or incorrect medication. A "No Win, No Fee" arrangement allows individuals to pursue a medical negligence claim without paying upfront legal fees. Instead, payment is only required if the claim is successful. This approach makes it easier and more accessible for individuals to seek fair compensation after being harmed by medical mistakes.

Compensation May Cover: Medical expenses, lost earnings, pain and suffering, and future care needs.

There is no separate deadline for engaging a solicitor in Ireland, but medical negligence actions are generally subject to a two-year limitation period. Seeking legal advice as early as possible is important, as investigating a case requires obtaining medical records, consulting experts, and preparing evidence before any limitation period expires.

Compensation depends on the circumstances of your case and may include damages for pain and suffering, medical expenses, loss of earnings, care costs, rehabilitation, travel expenses, and other financial losses caused by the negligence. In some cases, compensation may also cover future treatment needs and ongoing losses.

We can request your medical records on your behalf once you sign a form of authority. This allows us to obtain records directly from hospitals, GPs, consultants, and other healthcare providers involved in your treatment. Reviewing these records is often an essential first step when investigating a potential claim.

A No Win, No Fee arrangement means we will not charge for our professional legal services if your case is unsuccessful, subject to the terms of our agreement. However, certain expenses, such as expert reports, medical records, and court fees, may still be payable unless otherwise agreed in writing.

There is no fixed timeframe for a medical negligence claim. The process can take months or several years, depending on the complexity of the case, the availability of medical evidence, whether liability is disputed, and if court proceedings are required. We will keep you updated throughout the process and progress your case as efficiently as possible.