Private Hospital Negligence Claims in Ireland: Who Can You Sue?
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Private hospital negligence in Ireland means a private hospital or consultant delivered treatment below the accepted medical standard, causing injury. The key question is not whether negligence happened but who you sue: hospital, consultant, or both.
Unlike public hospital claims against the HSE, private claims often involve two or three defendants, and the Clinical Indemnity Scheme 1 does NOT cover private hospitals. Since September 2024, HIQA 2 regulates private hospitals for the first time under the Patient Safety Act 2023 3.
The hospital, the consultant, or both, depending on the employment relationship and what went wrong.
No. Private hospitals carry their own insurance. The CIS covers public hospitals only.
Two years from date of knowledge (tort). Six years if you've a contract with the hospital.
No. Medical negligence claims remain exempt from the Injuries Resolution Board. You issue proceedings directly in the High Court.
Contents
Definition: Private hospital negligence in Ireland is a failure by a private hospital or consultant to provide treatment meeting the standard of a competent medical professional, causing patient injury. The key question is not whether negligence occurred but who you sue: hospital, consultant, or both.
What is private hospital negligence?
Under Irish law, the Supreme Court set the negligence test in Dunne v National Maternity Hospital [1989]. Private hospital negligence in Ireland occurs when a hospital or consultant provides treatment falling below the standard of a competent medical professional in that field, causing injury to the patient.
Under the Dunne v National Maternity Hospital [1989] test, a practitioner is not negligent if they followed a practice accepted as proper by a responsible body of medical opinion. 5 That practice must also withstand logical analysis.
Private hospitals like the Beacon, Blackrock Clinic, Mater Private, and the Bon Secours group are held to the same standard of care as public hospitals. The difference does not lie in the standard but in the legal relationships. Who employed the person who harmed you? Who carries the insurance? Who's liable to pay compensation?
A detail that catches many claimants off guard: paying privately for treatment does not just affect the bill. Paying creates a contractual relationship with the hospital, opening legal avenues that public patients do not have. We cover those in the breach of contract section below.
Who can you sue for private hospital negligence: hospital, consultant, or both?
In Ireland, the correct defendant in a private hospital negligence claim depends on the employment relationship between consultant and hospital. According to State Claims Agency data, defendant identification is the single most important decision and the question most patients get wrong. Three possibilities exist. Most people assume they simply "sue the hospital." In practice, the answer depends on two questions. Who employed the person who caused the harm? And did the hospital breach its own separate duty? It is rarely straightforward.
Suing the hospital directly
A private hospital owes you a direct duty of care independent of any consultant. It's directly liable for failures in nursing care, infection control, and equipment maintenance. Staffing levels and the overall environment of care also fall under the hospital's responsibility. If a nurse gave the wrong medication or the hospital failed to maintain a sterile theatre, those are the hospital's failures. It does not matter who your consultant was.
The hospital may also be vicariously liable for negligence by staff it employs. If the person who harmed you was not an independent contractor but an employee (nurses, junior doctors, employed consultants), the hospital answers for their actions during the course of employment.
Suing the consultant
Many consultants in private hospitals are not employees of the hospital. They hold "admitting privileges," a contractual arrangement. It'll let them use the hospital's facilities and treat their own patients there. In that arrangement the consultant's an independent contractor, and the hospital is not generally vicariously liable for the consultant's clinical decisions.
Eight factors help determine whether a consultant was an employee or independent contractor. Courts consider: who controlled how and when the work was done, who provided equipment, and who bore financial risk. They also examine whether the consultant could send a substitute, who paid tax and PRSI, and the written contract terms. Working at multiple hospitals and being loosely integrated into the hospital's structure both point toward independent contractor status.
If the consultant was an independent contractor and their clinical care fell below standard, you'd sue the consultant personally. Their professional indemnity, typically through Challenge 6, MPS 7, MDU, or Medisec 8, responds to the claim. Not the hospital's insurance.
Suing both: the multiple defendant approach
In our experience handling private hospital claims, the strongest approach is often to sue both the hospital and the consultant. We see this when the hospital's systems contributed to the harm (inadequate post-operative monitoring, for example) and the consultant's clinical decisions were also below standard. Suing both stops each defendant from blaming the other, a common defence tactic that can derail single-defendant claims.
The Defendant Maze: how to identify the right target
According to the Supreme Court in Morrissey v HSE [2020] IESC 6, vicarious liability in Irish healthcare depends on control and risk creation. Defendant identification in private hospital negligence claims in Ireland is a structured legal exercise. We call our approach the Defendant Maze Assessment, a four-step framework for tracing liability from harm to the correct insured party.
Step 1: Identify who's responsible. Who actually performed or supervised the treatment that caused harm? Was it a consultant, a registrar, a nurse, or a combination?
Step 2: Work out what's the employment relationship. Was that person an employee of the hospital or an independent contractor with admitting privileges? You'll want to request the consultant's contract or privileges agreement through your solicitor.
Step 3: Check if the hospital's own systems failed. Did the hospital's own processes contribute? Poor staffing, defective equipment, missing protocols, and inadequate post-operative monitoring, they'd all point to hospital liability independent of the consultant.
Step 4: Apply the vicarious liability test. Even if the consultant was technically independent, the Supreme Court's test in Morrissey v HSE [2020] IESC 6 5 still applies. The court asks whether the relationship was sufficiently "akin to employment" that it would be fair to hold the hospital liable. Four factors matter: degree of control, whether the work served the hospital's interests, whether it was integral to the hospital's business, and whether the hospital created the risk.
One aspect the official guidance does not cover: the question of who to sue can change during litigation. Discovery of the consultant's contract may reveal what's actually a closer employment relationship than either party initially acknowledged. We often see clients who started with one defendant and added the second after documents emerged.
How do private hospital claims differ from public claims?
According to Irish law, private hospital negligence claims differ from public hospital claims in three critical ways. The defendant structure, insurance arrangements, and regulatory framework all affect how your case is run. The table below sets out the practical differences that affect how your case is run.
| Factor | Private hospital claim | Public hospital claim |
|---|---|---|
| Defendant | Hospital, consultant, or both (often 2 to 3 defendants) | HSE (single defendant, even if consultant was negligent) |
| Insurance | Hospital's commercial policy + consultant's individual indemnity | Clinical Indemnity Scheme via State Claims Agency 1 |
| CIS coverage | Does not cover private hospitals | Full CIS coverage for all staff and consultants |
| HIQA regulation | Since September 2024 under Patient Safety Act 2023 3 | Since 2013 under Health Act 2007 |
| Vicarious liability | Must prove consultant was employee or non-delegable duty applies | HSE vicariously liable for all staff |
| Contractual claim | Available (6-year limitation). Private patient has contract with hospital | Generally not available (public patient, no direct contract) |
| Complexity | Higher. Must identify correct defendant and their insurer | Lower. HSE accepts responsibility through CIS |
| Injuries Resolution Board process | Exempt. Medical negligence claims bypass the Injuries Resolution Board | Exempt. Same exemption applies |
The Injuries Resolution Board (formerly PIAB) handles most personal injury claims, but medical negligence claims remain exempt under the Personal Injuries Assessment Board Act 2003 (as amended). You do not need to apply to the Injuries Resolution Board before issuing proceedings. Some solicitor websites incorrectly state this exemption has been removed. It has not. Source: Citizens Information.
Note for UK readers: England and Wales use the NHS Litigation Authority (NHS Resolution) for public hospital claims. Ireland's system differs: the State Claims Agency handles public claims through the CIS, and private hospital insurance arrangements have no NHS equivalent. English precedent like Cassidy v Ministry of Health is persuasive but not binding in Irish courts.
Who actually pays compensation in private hospital claims?
In Ireland, private hospital compensation comes from different sources than public claims. The hospital's commercial insurer covers hospital liability. The consultant's separate professional indemnity provider covers clinical negligence. Identifying the correct insured party is critical to your claim's success. According to State Claims Agency data for 2024 (reported March 2025), CIS payments for public hospital negligence totalled EUR 210.5 million 1. None of that covers private hospitals.
The hospital's insurance: Private hospitals carry their own medical malpractice insurance through commercial insurers. It'll cover the hospital's direct liability and vicarious liability for employees.
The consultant's indemnity: Consultants hold cover through one of four providers. Challenge 6 offers commercial insurance on an occurrence basis, the most reliable for claimants. MPS 7 and MDU provide discretionary indemnity, meaning they can refuse to cover a claim even after the event. Medisec 8 offers insurance-backed cover primarily for GPs and some consultants.
The CIS does NOT cover private hospitals. The Clinical Indemnity Scheme covers clinical negligence in public hospitals only. The one narrow exception: during COVID-19, some public patients were treated in private hospitals under a temporary agreement, and those claims may fall under CIS.
What are the biggest myths about private hospital negligence?
According to practitioners handling private hospital negligence claims in Ireland, five common myths cause real damage to cases. These range from incorrect assumptions about insurance coverage to confusion over HIQA's expanded role.
What changed in 2024 and 2025?
According to the Patient Safety Act 2023 (commenced September 2024), Ireland's private hospitals are now regulated by HIQA for the first time. This creates new evidence opportunities for negligence claims that did not previously exist. Three major reforms landed between 2024 and 2025: HIQA's expanded authority, mandatory open disclosure, and the High Court's new Clinical Negligence List.
Does HIQA now regulate private hospitals?
Yes. Since September 2024, the Health Information and Quality Authority (HIQA) 2 regulates private hospitals for the first time, following commencement of the Patient Safety Act 2023 3. Private hospitals now fall under the National Standards for Safer Better Healthcare 11. They're the same standards that've applied to public hospitals since 2013. HIQA's expanded remit now covers 23 private hospitals in addition to the public hospitals it already monitored 18.
In October 2025, HIQA published its first batch of private hospital inspection reports, covering seven private hospitals alongside five public hospitals 18. That is a significant milestone. Before September 2024, no independent regulator inspected private hospitals against national safety standards. Now the same inspectors who examine public hospitals walk through private wards and assess compliance with identical standards. The reports grade each hospital as compliant, substantially compliant, partially compliant, or non-compliant across areas including infection control, medication safety, governance, and the deteriorating patient.
For negligence claims, HIQA regulation creates new evidence opportunities. The inspection reports matter most. They may reveal systemic failings: inadequate staffing, poor infection control, or deficient clinical governance. Those findings support a claim that the hospital did not meet its duty of care. If a report finds your hospital partially compliant with infection control standards, and you developed a post-operative infection there, that report becomes powerful corroborating evidence. These reports are public and available on HIQA's website 2.
What is mandatory open disclosure?
The Patient Safety Act 2023 introduced mandatory open disclosure for 13 categories of notifiable incidents, all related to patient death. When there is a notifiable incident, the hospital must disclose the incident to the patient's family, provide a written account, and offer a meeting. Failure to comply is a criminal offence carrying fines up to EUR 5,000.
The Act also created the "protected apology" rule. Any apology made during open disclosure cannot be used as evidence of liability in later proceedings. The rule encourages candour without creating legal risk for hospitals. It does not stop other evidence of negligence from being used. That is a critical distinction.
What about the new Clinical Negligence List?
In April 2025, the President of the High Court issued Practice Directions HC 131 and HC 132, creating a dedicated Clinical Negligence List 12. The specialist list aims to move medical negligence cases through the courts faster. According to a 2024 Medical Protection Society report (drawing on 10 years of claims data across 2013–2022), a clinical negligence claim in Ireland takes 1,462 days on average to resolve, around four years 19. That is 56% longer than the UK average of 939 days and 14% longer than South Africa. The average legal cost per claim in Ireland was EUR 34,646, nearly three times the UK figure 19. Pre-action protocols requiring early exchange of medical reports are expected in 2026, which should cut both timelines and costs.
For private hospital claimants, there is a practical reason this matters. According to State Claims Agency data for 2024, 43% of clinical claims where damages were paid involved mediation, up from 32% in 2022 1. Only 2% of all SCA-resolved cases went to court judgment. While those figures cover public claims, the Clinical Negligence List applies equally to private cases. The growing trend toward mediation means your private hospital claim is more likely to resolve through structured negotiation than through a courtroom hearing.
How do you make a private hospital negligence claim?
Under Irish law, private hospital negligence claims follow seven steps from initial assessment through to settlement or trial. The process mirrors other medical negligence claims but adds complexity around defendant identification. Medical negligence claims are exempt from the Injuries Resolution Board, so proceedings are issued directly in the High Court.
- Get an independent medical assessment. An independent expert in the relevant specialty must confirm that the treatment fell below the accepted standard and that the breach caused your injury. Without this opinion, your claim cannot proceed.
- Identify the correct defendant. Your solicitor investigates whether the consultant was an employee or independent contractor, whether the hospital's own systems contributed, and whether both should be named. We use the Defendant Maze Assessment described above.
- Obtain your medical records. Request your complete records from the hospital under the Data Protection Act 2018 13 and GDPR. The hospital must respond within one month. Also request GP records, follow-up treatment records, and health insurance records.
- Issue High Court proceedings. Medical negligence claims are exempt from the Personal Injuries Resolution Board 14 process. Your solicitor files proceedings directly in the High Court. The pleadings must name the correct defendant(s) and set out specific allegations of negligence.
- Exchange of evidence and discovery. Both sides exchange medical reports, hospital records, and expert opinions. It's a process that'll take several months. The Clinical Negligence List (HC 131/132) 12 aims to streamline discovery.
- Mediation. According to State Claims Agency data for 2024, 43% of clinical claims where damages were paid involved mediation. The Clinical Negligence List encourages mediation before trial. Most private hospital claims resolve at this stage or through negotiated settlement.
- Trial (if necessary). Only 2% of all SCA-resolved cases where damages were paid reached court judgment in 2024. If the case goes to hearing, a High Court judge determines liability and quantum.
What evidence do you need for a private hospital claim?
Under the Data Protection Act 2018, patients in Ireland have a legal right to their complete hospital records. Early evidence gathering in private hospital negligence claims is essential. Private claims require specific records that other Irish personal injury cases do not. You'll need consultant contracts, HIQA inspection reports, and separate hospital and consultant insurance details. Do not wait.
Essential evidence: Start with your complete hospital records, including nursing notes, operation notes, anaesthetic records, and discharge summaries. Request GP records from before and after treatment. You'll need an independent medical expert's report. Without it, your claim cannot proceed.
You'll obtain the consultant's contract or admitting privileges agreement through discovery. That is how you establish employment status. Add health insurance records documenting the treatment timeline. Since October 2025, HIQA inspection reports for private hospitals are publicly available. They're free to download. Keep any complaints correspondence, photographs, or diary notes. Do not underestimate the value of recording symptoms.
What are the time limits: tort vs contract?
Under the Statute of Limitations Act 1957 (as amended), private hospital negligence claims in Ireland must be brought within two years of the date of knowledge for tort. Breach of contract claims have a six-year limit. That distinction gives private patients options unavailable in public hospital claims.
Tort (negligence): two years from date of knowledge
Time limits for private hospital negligence claims in Ireland depend on whether you bring a tort or contract claim. Under the Statute of Limitations (Amendment) Act 1991 (as amended by the Civil Liability and Courts Act 2004, s.7) 15, you've two years from the "date of knowledge" to bring a negligence claim.
The date of knowledge is when you first knew (or reasonably should have known) three things. You suffered an injury. It was significant. It was caused by the treatment. That date can be years after the actual treatment.
Contract (breach of service): six years
As a private patient, you entered a contract with the hospital when you paid for treatment. A breach of contract claim carries a six-year limitation from the date of the breach. That is a window that can be a lifeline where the negligence deadline has expired. See the contract section below.
Can you sue a private hospital for breach of contract?
Under Irish contract law, private patients can bring a breach of contract claim alongside or instead of a tort negligence claim. This gives a six-year limitation period rather than the standard two years in tort. It also means you do not need to identify individual defendants. When you pay for treatment, you enter a contract for medical services. If those services were not provided with reasonable care and skill, the hospital has breached the contract.
The key advantages of a contractual claim are the longer limitation period (six years vs two) and the fact that the hospital's the contracting party. You do not need to untangle the consultant's employment status. There is also potential access to contractual remedies. Contract claims are particularly strong for elective and cosmetic procedures where the hospital's made specific representations about outcomes.
Any exclusion clauses in the hospital's terms can be challenged under the Sale of Goods and Supply of Services Act 1980 16.
Which hospitals are private in Ireland?
According to HIQA, 23 private hospitals in Ireland now fall under its regulatory monitoring following the commencement of the Patient Safety Act 2023 in September 2024.
Ireland has approximately 85 hospitals, of which about 21% are privately operated 4. HIQA now monitors 23 private hospitals under the Patient Safety Act 2023 3. The former Private Hospitals Association (dissolved March 2025) had 20 member hospitals. Not all private facilities are acute hospitals. Some clinics and day-case centres operate independently.
| Hospital | Location |
|---|---|
| Beacon Hospital | Dublin (Sandyford) |
| Blackrock Clinic | Dublin (Blackrock) |
| Bon Secours Hospital Cork | Cork |
| Bon Secours Hospital Dublin | Dublin (Glasnevin) |
| Bon Secours Hospital Galway | Galway |
| Bon Secours Hospital Limerick | Limerick |
| Galway Clinic | Galway |
| Hermitage Medical Clinic | Dublin (Lucan) |
| Mater Private Hospital Dublin | Dublin (Eccles St) |
| Mater Private Hospital Cork | Cork (City Gate) |
| Sports Surgery Clinic (SSC) | Dublin (Santry) |
| St Vincent's Private Hospital | Dublin (Merrion Road) |
Voluntary hospitals (St James's, Beaumont, Tallaght) are not private hospitals. They're publicly funded hospitals with voluntary governance structures.
How is compensation assessed?
According to the Judicial Council's Personal Injuries Guidelines (2024 edition), compensation in private hospital negligence claims in Ireland follows the same framework as any medical negligence claim. Awards cover general damages for pain and suffering. Special damages cover financial losses like earnings, care costs, and medical expenses. The Personal Injuries Guidelines 17 set guideline ranges for general damages. Awards vary case by case.
For injuries commonly arising from private hospital negligence, the Judicial Council's 2021 Guidelines provide specific brackets. The proposed 2025 draft amendments apply a 16.7% HICP uplift across all categories 17:
| Injury type | 2021 range | Proposed 2025 range |
|---|---|---|
| Brain injury (moderate to serious, good recovery) | EUR 60,000 to EUR 140,000 | EUR 70,000 to EUR 163,000 |
| Foreshortened life expectancy | Up to EUR 550,000 | Up to EUR 642,000 |
| Moderate shoulder injury | EUR 18,000 to EUR 35,000 | EUR 21,000 to EUR 40,800 |
The analogy rule for uncovered injuries: The Guidelines explicitly do not cover injuries frequently seen in surgical negligence claims, including loss of an ovary, severance of a nerve, or damage to an artery. When these arise, the court must value the injury by reference to damages guided for equally significant injuries 17. That means there is no fixed bracket for many private hospital surgical complications. Your solicitor and medical expert must frame the injury within the closest analogous category.
Special damages in private claims: Private patients have an additional head of special damages that public patients do not. You already paid for the treatment that harmed you. Those costs, including hospital fees, consultant fees, anaesthetist fees, and follow-up appointments, are all recoverable as part of your claim.
Average legal costs per clinical negligence claim in Ireland reached EUR 34,646 in 2024. That is 191% higher than what you'd see in the UK, according to State Claims Agency data 1. Those figures relate to public claims under CIS, not private. They'll give you a sense of the scale of clinical negligence costs in Ireland.
What case law shapes these claims?
What mistakes weaken claims?
According to State Claims Agency data, the most common errors in Irish medical negligence claims relate to defendant identification and limitation periods. Both are amplified in private hospital cases. Multiple defendants, separate insurance arrangements, and the employee-versus-contractor distinction create additional traps.
| Mistake | Why it matters |
|---|---|
| Suing the wrong defendant | Suing only the hospital when the consultant was an independent contractor (and the hospital had no direct liability) means the claim fails against the hospital. Suing only the consultant misses possible hospital systems failures. Identify the correct defendant(s) before issuing. |
| Missing the two-year limitation | The tort deadline runs from date of knowledge, not date of treatment. But waiting too long to investigate means evidence is lost and memories fade. Take advice early. |
| Not requesting all records | Hospital records, GP records, health insurance records, and HIQA reports all build the complete picture. Incomplete records mean incomplete evidence. |
| Complaining instead of claiming | A hospital complaint is not a legal claim and does not preserve your limitation period. The internal complaints process cannot award compensation. |
| Relying on the hospital's apology | Under the Patient Safety Act 2023, a "protected apology" during open disclosure cannot be used as evidence of liability. An apology does not mean the hospital accepts fault. |
| Assuming health insurance covers negligence | VHI, Laya, or Irish Life Health policies cover treatment costs, not compensation for negligent treatment. A negligence claim is entirely separate from any health insurance claim. |
| Failing to secure an independent expert early | Without an independent medical expert's report confirming negligence, your claim cannot proceed. In Ireland's small jurisdiction, finding a willing expert in a narrow subspecialty can delay a case by months. |
The expert witness problem in a small jurisdiction: Ireland has approximately 3,500 hospital consultants across all specialties. In narrow fields like vitreoretinal surgery or interventional cardiology, fewer than 20 practitioners may work in the entire country. Finding an independent expert willing to give evidence against a colleague in the same referral network is the single biggest practical obstacle in private hospital claims. According to the Medical Protection Society, expert availability is one factor that pushes Ireland's average resolution time to 1,462 days, 56% longer than the UK 19. Your solicitor may need to source expert opinion from UK-based specialists, which is permissible in Irish proceedings and sometimes produces a more candid assessment.
What if you missed the two-year deadline?
Under Irish limitation law, private patients who've passed the two-year tort deadline for hospital negligence may still have options. These include a six-year breach of contract claim and date-of-knowledge arguments that can extend the tort window. Arguments based on the delayed "date of knowledge" rule under Irish law can also extend the window. Do not assume you're out of time. The "date of knowledge" rule means the tort clock may not have started when you think it did, if you only recently learned the treatment was negligent. In exceptional circumstances, the court has discretion to extend the limitation period where the balance of justice favours the claimant.
What the timeline estimates do not account for: many claimants do not realise for years that substandard care caused their outcome. They assume it was an inherent risk of surgery. The date of knowledge is assessed objectively, based on when a reasonable person in your position would've made the connection. It's important to take advice promptly once you suspect something went wrong.
Common questions about private hospital negligence in Ireland
Under Irish law, private hospital negligence claims raise specific questions about defendant identification, insurance coverage, HIQA regulation, and time limits that differ from standard personal injury and public hospital claims.
Do I have a private hospital negligence claim?
You may have a claim if treatment at a private hospital in Ireland fell below the accepted medical standard and caused you injury.
An independent medical expert must confirm that the treatment was substandard and caused your injury. A bad outcome alone is not evidence of negligence. It's a common misunderstanding. The treatment must've fallen below what a competent practitioner in that specialty would've done. That is the legal threshold. Your solicitor arranges the expert assessment and advises whether the claim is viable.
From handling private hospital claims, the most common reason cases do not proceed is delay in obtaining the independent expert report. Early expert involvement protects both the evidence and the limitation period.
Next step: Request a free case assessment to find out whether your case has merit.
Do I sue the hospital or the consultant?
The answer depends on who caused the harm and whether the consultant was an employee or independent contractor.
If the harm came from hospital systems (nursing, hygiene, equipment), you'd sue the hospital. If it's the consultant's clinical decisions that caused it and the consultant was independent, you'd sue the consultant. In many cases, suing both is safest. Your solicitor investigates by examining the consultant's contract and applying the Morrissey v HSE [2020] IESC 6 vicarious liability test.
A detail that catches many claimants off guard: the consultant's status is not always obvious from the patient's perspective. Patients treated in private hospitals often assume everyone works for the hospital.
More detail: The Defendant Maze Assessment
Does the Clinical Indemnity Scheme cover private hospitals?
No. The CIS covers public hospitals only.
Private hospitals and consultants carry their own insurance through commercial providers and professional indemnity bodies (Challenge, MPS, MDU, Medisec). It is the State Claims Agency that administers the CIS for public hospitals. The only exception is COVID-era arrangements where public patients were treated in private facilities.
The distinction matters because CIS-backed claims against the HSE are straightforward. Private insurance arrangements can be more complex, particularly where a consultant holds discretionary rather than insurance-backed indemnity.
See also: Who pays compensation?
Can HIQA inspect private hospitals?
Yes. HIQA has regulated private hospitals since September 2024 under the Patient Safety Act 2023.
Private hospitals are now subject to the National Standards for Safer Better Healthcare, the same framework that is applied to public hospitals since 2013. HIQA's expanded remit covers 23 private hospitals, and the first batch of inspection reports (covering seven private hospitals) was published in October 2025 18. They're publicly available and can serve as evidence of systemic failings in negligence claims.
The reports are especially valuable where they identify patterns of concern. They'll go beyond a single incident and demonstrate what's effectively an environment of substandard care.
Check reports: HIQA inspection reports
What is mandatory open disclosure?
It's a legal requirement for hospitals to inform patients and families when there has been a notifiable incident causing death.
Under the Patient Safety Act 2023, hospitals must disclose notifiable incidents, provide a written account, and offer a meeting. There are 13 categories of notifiable incident, all death-related. Non-compliance is a criminal offence with fines up to EUR 5,000. Any apology given during the process is "protected" and cannot be used as evidence of liability.
The protection does not extend beyond the apology itself. Other evidence, such as medical records, witness accounts, and HIQA reports, that is all fully admissible. They cannot be excluded.
Related: What changed in 2024 and 2025?
Can I claim after two years if I have a contract with the hospital?
Potentially yes. A breach of contract claim has a six-year limitation period.
As a private patient who paid for treatment, you've a contractual relationship with the hospital. If the hospital breached its obligations by providing substandard care, you may bring a contract claim within six years. The contract claim runs against the hospital as the contracting party, so you do not need to resolve the consultant's employment status.
We see this route used most in elective and cosmetic surgery claims where the two-year tort deadline has passed but the contractual deadline has not.
Full details: Breach of contract section
Will my health insurance cover a negligence claim?
No. Health insurance and negligence claims are completely separate.
Your VHI, Laya Healthcare, or Irish Life Health policy pays for the cost of medical treatment. That is not what a negligence claim does. It compensates for pain and suffering, loss of earnings, care costs, and other losses caused by the negligence. The two processes are independent of each other.
Your health insurance records are valuable evidence, however. They'll document the treatment timeline, the procedures authorised, and the amounts paid, all of which help build the factual foundation of a claim.
Evidence checklist: What evidence do you need?
What does it cost to make a private hospital negligence claim?
Most medical negligence solicitors offer a free initial consultation. They'll typically work on a "no foal, no fee" basis.
The main upfront cost is the independent medical expert report, which can range from EUR 500 to EUR 3,000 or more depending on the specialty. You'll find many solicitors cover the report cost initially and recover it if the claim succeeds. If your claim is unsuccessful, you may be liable for the other side's legal costs. Your solicitor should discuss that risk with you at the outset.
The difference between assessment and acceptance often comes down to the strength of the independent expert report. It's the single most important spend in the case.
Get started: Book a free consultation for a cost-free assessment of your case.
Do I need to apply to the Injuries Resolution Board before suing a private hospital for medical negligence?
No. Medical negligence claims remain exempt from the Injuries Resolution Board process.
Under the Personal Injuries Assessment Board Act 2003 (as amended), medical negligence claims do not go through the Personal Injuries Resolution Board. You issue proceedings directly in the High Court. This is unlike road traffic, workplace, or public liability claims, which must be submitted to the Injuries Resolution Board first. The Personal Injuries Resolution Board Act 2022 10 made various changes to the Injuries Resolution Board process, but it did not remove the medical negligence exemption.
Some websites incorrectly claim the exemption has been removed. It has not. Citizens Information, the Injuries Resolution Board's own guidance, and multiple solicitor firms confirm the exemption remains in place.
Official source: Citizens Information: Injuries Resolution Board
What to consider next
Next in this series
Hospital Negligence Claims covers public hospital claims, HSE liability, and the Clinical Indemnity Scheme.
References
- State Claims Agency, Annual Report and Financial Statements 2024 (checked February 2026).
- Health Information and Quality Authority (HIQA), Inspection Reports (checked February 2026).
- Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023, Irish Statute Book (enacted 2023).
- US International Trade Administration, Ireland Healthcare Commercial Guide (2025): 85 hospitals, 79% publicly administered.
- Morrissey v HSE [2020] IESC 6, Courts Service of Ireland.
- Challenge, Medical Professional Indemnity Insurance (checked February 2026).
- Medical Protection Society (MPS), Ireland Office (checked February 2026).
- Medisec Ireland, Professional Indemnity (checked February 2026).
- Byrne v Ryan [2007] IEHC 206, BAILII.
- Personal Injuries Resolution Board Act 2022, Irish Statute Book (enacted 2022). Note: this Act did not remove the medical negligence exemption.
- HIQA, National Standards for Safer Better Healthcare (updated 2024).
- Courts Service of Ireland, Practice Directions HC 131 and HC 132 (April 2025).
- Data Protection Act 2018, Irish Statute Book (enacted 2018).
- Injuries Resolution Board, Official Website (checked February 2026).
- Statute of Limitations (Amendment) Act 1991, as amended by the Civil Liability and Courts Act 2004, s.7 (two-year limitation period from date of knowledge), Irish Statute Book.
- Sale of Goods and Supply of Services Act 1980, Irish Statute Book (enacted 1980).
- Judicial Council, Personal Injuries Guidelines (2024 edition) (checked February 2026).
- HIQA, Overview of Healthcare Regulation 2024 (published 2025).
- Medical Protection Society, The Human and Financial Cost of Clinical Negligence Claims (published January 2024).
- Walsh v Family Planning Services Ltd [1992] 1 IR 496, Supreme Court of Ireland.
- Geoghegan v Harris [2000] 3 IR 536, High Court of Ireland.
- Fitzpatrick v White [2007] IESC 51, Supreme Court of Ireland.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
