A medical professional who breaches their duty of care to you, causing injury, can be held responsible for medical negligence in Ireland.

Every medical professional, from the nurse to the doctor to the HSE hospital and private medical care provider, owes you a duty of care. If they breach that duty of care before, during or after treatment, it could be a medical negligence claim*.

You make a medical negligence claim* against the person or body who is responsible for any personal injury sustained during treatment. Knowing who is responsible for medical negligence will make it easier to claim compensation.

Hughes & Associates medical negligence solicitors in Dublin can make your compensation claim in Ireland.

When does medical negligence happen?

Medical negligence happens when a medical professional breaches their duty of care to you, causing an injury. 

It may be the GP when making a diagnosis or the paramedic treating you during an emergency, but if you suffer any injury, it may be a case of medical negligence.

A solicitor, when proving medical negligence, will determine:

  • If the medical professional had a duty of care to you
  • If they breached that duty of care by providing a poor standard of treatment
  • The harm you suffered was due to their breach of duty of care
  • You suffered damages, such as a loss of income, due to medical negligence

There are many examples of medical negligence claims* in Ireland, such as:

When you need medical care in Ireland, you deserve a doctor, nurse, or hospital consultant who provides you with a high level of professional treatment, not clinical negligence. 

Since 2018, more than 480,000 incidents of medical negligence have been identified in Irish healthcare settings. A lack of investment, staff shortages, and long waiting lists can lead to medical negligence. There are over 500 deaths per annum due to medical negligence in Ireland. If you take in the more than 100,000 injury cases from clinical errors, the potential to suffer when in medical care is high. LINK

Hughes & Associates solicitors in Dublin will handle your medical negligence claims*.

Who can be held responsible for medical negligence?

A medical professional can be held responsible for medical negligence in Ireland. You may suffer due to errors by the hospital, a doctor or an outpatient nurse and have a claim for medical negligence.

Types of medical professionals responsible for medical negligence:

GP medical negligence happens at the primary level of medical care in Ireland. When you suffer medical negligence at the early stages of a condition, it can have a significant effect on your treatment.

GP negligence can be:

  • Failure to treat
  • Failure to refer
  • Failure to diagnose an illness

You can make a compensation claim for the medical negligence.

You meet with a hospital consultant when you need further treatment for a condition or an injury. 

The hospital consultant is crucial for making an accurate diagnosis and for prescribing continuing treatment.

Errors during diagnosis and treatment failures can be devastating and are among the most common claims of medical negligence.

Surgical medical negligence can cause injury, delay correct treatment, and could put your life in danger. The surgeon must be fully aware of the need for surgery and its potential impact on your life.

Surgical negligence can be:

  • Wrong-site surgery
  • Invasive surgery instead of pinhole surgery
  • Infection caused by surgical errors

A medical negligence solicitor will make the surgery medical negligence claim*.

Medical negligence by nurses can easily occur as they work under considerable pressure and through long shifts with few breaks.

Types of nurse medical negligence:

  • Medication errors in the hospital
  • Failure to treat a patient
  • Failure to care for a patient who slips, trips and falls on the ward

You can claim against the hospital for the effect of nurse medical negligence.

Midwives and maternity staff are under pressure during work, but any medical negligence can impact the life of the baby and of the mother.

Midwife and maternity staff medical negligence can happen at any stage of the birth, but the impacts could last for life.

Cerebral Palsy, birth injury, and infection can be due to medical negligence by staff in the maternity unit.

A HSE hospital and clinics can be responsible for medical negligence. The HSE is responsible for hiring staff, ensuring safe work practices and keeping the hospital safe for patients.

The HSE must ensure all medical staff and administrative staff follow guidelines and avoid medical negligence.

Hospital negligence in Ireland happens when the HSE does not enforce guidelines, fails to hire suitably trained staff, and does not carry out regular inspections.

A pharmacist can be responsible for medical negligence if they make an error with medications.

Pharmacy negligence may happen when:

  • The pharmacy gives you the wrong medication
  • The pharmacist does not follow the prescription from a GP
  • The pharmacy gives you a medication bag meant for another patient

You can make a medical negligence claim* against the pharmacy for compensation.

The private healthcare provider is often responsible for medical negligence in Ireland. A private healthcare provider has a duty of care to patients and to avoid medical malpractice in Ireland.

You can suffer negligence by a private healthcare provider in:

  • A private medical clinic
  • The rooms of a medical consultant
  • A private nursing home

Hughes & Associates Solicitors can make a medical negligence claim* against the private healthcare provider.

Emergency department staff medical negligence can happen when you need care the most, in an emergency. Medical negligence in the A&E can make an injury worse and, in some cases, cost the life of the patient.

Emergency department staff responsible for medical negligence:

  • Doctors on duty in the A&E
  • Paramedics 
  • Ambulance services

If you suffer medical negligence in Ireland, you may make a compensation claim against those responsible.

How to prove responsibility in a medical negligence claim*

To prove responsibility in a medical negligence claim*, you need to gather as much evidence as possible. The more evidence you have, the easier it will be for the solicitor to prove any medical negligence caused you injury and to suffer damages.

The evidence needed to prove responsibility for medical negligence:

  • Medical records from before and after the medical negligence
  • Expert reports on what happened to you
  • Expert reports on the effects of medical negligence
  • Witness statements
  • CCTV footage, if possible
  • Photographs of your injuries
  • HSE critical incident reports
  • HSE staffing rota for when the medical negligence happened
  • The medicine you received from the pharmacy
  • Doctor notes

Independent medical experts can be very useful when gathering evidence of medical negligence. They will know what to look for and provide a clear report on the medical negligence and where it occurred during your care.

Hughes & Associates medical negligence solicitors have a team in place to help you form a claim and the evidence you need to gather for the case.

Make a medical negligence claim* today

Make a medical negligence claim* today by contacting Hughes & Associates Solicitors in Dublin.

Hughes & Associates Solicitors will put our team to work on your claim of medical negligence and will support you from day one. You deserve accountability for the medical negligence and any injuries you may have suffered.

Medical negligence should never have happened to you, but when it does, we can be there to support and guide you through the process of making a claim.

Contact Hughes & Associates medical negligence solicitors in Dublin for all your medical negligence compensation needs.

Independent medical experts can be very useful when gathering evidence of medical negligence. They will know what to look for and provide a clear report on the medical negligence and where it occurred during your care.

Hughes & Associates medical negligence solicitors have a team in place to help you form a claim and the evidence you need to gather for the case.

Medical Negligence FAQs

The patient who suffered medical negligence can make a compensation claim in Ireland. 

Dependents and family members may be able to claim for loss of income and other financial losses due to the death of a loved one or if a loved one is unable to claim for medical negligence.

Dependents who may make a medical negligence claim* in Ireland are:

  • The spouse of the patient who cannot claim due to illness
  • A parent of the patient
  • A step-parent of the patient
  • A grandparent of the patient
  • A child of the patient 
  • A stepchild of the patient
  • An adult dependent of the patient
  • Family members who relied on the patient for care and financial support
  • A sister or brother 
  • A half-brother or half-sister 

No, you do not need a medical negligence solicitor, but having one on your side can make the claims process a whole lot easier.

A medical negligence solicitor will know who to contact, how to make a claim, what evidence to gather and what level of compensation for damages you might expect.

No, a medical negligence claim* does not have to go to court in Ireland. If you work with a good medical negligence solicitor, you can avoid court and can settle your claim quickly.

The State Claims Agency handles medical negligence cases against the HSE, and at Hughes & Associates Solicitors, we work with the SCA to get the best results for our clients.

You have two years from the date of the medical negligence to make a compensation claim in Ireland.

It may be possible to extend the two-year limit if you can show a ‘date of knowledge’ clause in your case. The date of knowledge of medical negligence is the date when you realised the medical negligence occurred.

Medical negligence claims* in Ireland can take over two years to resolve. A medical negligence claim* needs time for hearing evidence from both sides and for the SCA to deal with the medical records.

A compensation claim may need to be taken to court if both sides cannot agree, which only adds more time.

Hughes & Associates Solicitors will be with you throughout the process to support you and guide you in claiming medical negligence compensation.