Paediatric Negligence Claims in Ireland: Your Child's Rights When Hospital Care Goes Wrong

Gary Matthews, Medical Negligence Solicitor Dublin

Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 · 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 · 01 903 6408 ·

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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.

Paediatric negligence claims in Ireland are assessed under the Dunne principles established by the Supreme Court in 1989. A parent acts as next friend to bring the claim on the child's behalf. Most claims are against the HSE under the Clinical Indemnity Scheme, managed by the State Claims Agency. The limitation period is paused until the child turns 18, giving until age 20 to claim. Compensation is held by the Accountant of the Courts of Justice until the child reaches 18. In 2024, the State Claims Agency paid 210.5 million euro in clinical negligence damages, with 81 percent of the 5.35 billion euro estimated outstanding liability attributable to clinical claims.

Paediatric negligence in Ireland occurs when medical care provided to a child falls below the standard established by the Dunne principles (1989) [1], causing preventable harm. Unlike the Bolam test used in England and Wales, Ireland's legal standard comes from Dunne v National Maternity Hospital [1989] IR 91. The State Claims Agency's 2024 annual report [2] recorded €210.5 million in clinical negligence damages paid that year, with 81% of its €5.35 billion estimated outstanding liability attributable to clinical claims, primarily infant cerebral palsy and catastrophic paediatric injury.

At a glance: Paediatric negligence = care below the Dunne standard → parent acts as "next friend" → most claims against the HSE under the Clinical Indemnity Scheme → compensation held by Accountant of Courts of Justice until child turns 18 → time limit: child's 20th birthday (no limit if permanent incapacity). Sources: Dunne v NMH [1989], State Claims Agency, Courts Service.

Contents
Legal test: Dunne principles (1989), not the UK Bolam test. Dunne v NMH
Time limit: Until the child's 20th birthday (2 years from turning 18). Statute of Limitations 1957
Typical defendant: HSE (not the individual doctor) under the Clinical Indemnity Scheme.
Compensation: Held by Accountant of Courts until child turns 18. Interim release possible.
Paediatric claim flow: from records to expert report to proceedings to court approval 1. Obtain medical records Hospital + GP + imaging 2. Independent expert Assess against Dunne test 3. Letter of claim to HSE Via Clinical Indemnity Scheme 4. Court approval required All child settlements need a judge
Simplified paediatric negligence claim flow. Most claims name the HSE as defendant under the Clinical Indemnity Scheme.

How is paediatric negligence assessed under Irish law?

Irish courts assess all medical negligence, including paediatric cases, under the Dunne principles from Dunne v National Maternity Hospital [1989] IR 91. The test asks whether the care was such that no medical practitioner of equal specialist status and skill would have provided it while exercising ordinary care. The Supreme Court reaffirmed this standard in Morrissey v HSE [2020] IESC 6 [3], confirming it remains the governing test in Ireland.

This differs from the UK's Bolam test. Under the Dunne principles, an Irish court can reject a body of medical opinion if it considers that opinion unreasonable. That gives Irish judges wider scope to find negligence than their English counterparts. For parents, the practical effect is clear: the question isn't whether a textbook was followed, but whether a competent paediatrician exercising ordinary care would have acted differently given the specific circumstances of your child's case.

A detail that catches many parents off guard: clinical guidelines serve as evidence of accepted practice, but they don't set the legal standard by themselves. A doctor who followed a guideline can still be found negligent if that guideline was outdated or inapplicable to the child's condition. Equally, departing from a guideline isn't automatically negligent if the departure was justified.

Two cases that define the standard

Dunne v National Maternity Hospital [1989] IR 91 (Supreme Court): Established that negligence is measured by whether the treatment was such that no medical practitioner of equal specialist status would have provided it while exercising ordinary care. This remains the governing test for all medical negligence in Ireland, including paediatric cases. Read on BAILII.

Morrissey v HSE [2020] IESC 6 (Supreme Court): Confirmed the Dunne principles remain the standard of care. The court rejected the argument that the test should be reformulated, reaffirming that an Irish judge can find a body of medical opinion unreasonable even where expert witnesses support it. Read on BAILII.

Proving the link between the negligence and your child's injury

Meeting the Dunne standard is only the first hurdle. The second, and often harder, element is causation: proving that your child's injury was caused by the negligence rather than by the underlying condition. Irish courts apply the "but for" test: but for the negligent act or omission, would the injury have occurred? In paediatric cases this is more difficult than in adult claims for two reasons. First, children's conditions evolve rapidly, so the defence will argue the outcome would have been the same regardless. Second, where a child had a pre-existing developmental condition, separating the negligent contribution from the natural progression requires detailed expert evidence.

Where the "but for" test cannot isolate a single cause, the court may apply the material contribution test: was the negligent cause more than negligible in contributing to the outcome? In delayed diagnosis cases, a related question arises: loss of chance. If a child's cancer was diagnosed six months late, did the delay reduce the probability of a better outcome? The Supreme Court addressed this in Philp v Ryan [2004] IESC 105, holding that loss of chance in the medical negligence context must be proved on the balance of probabilities, not as a proportional discount. Your solicitor and medical expert must address causation directly in the expert report, not just the standard of care.

Causation tests in Irish paediatric negligence: three pathways. The but for test asks would the injury have occurred without the negligence. The material contribution test applies when multiple causes exist. The loss of chance doctrine applies to delayed diagnosis cases. Philp v Ryan 2004 IESC 105 requires proof on the balance of probabilities. Did the negligence cause the injury? "But for" test Would injury have occurred without the negligent act or omission? Single identifiable cause Standard route in most claims Claim proceeds Material contribution test Was the negligence more than negligible in causing the outcome? Multiple causes (e.g. pre-existing condition + negligent treatment) Expert evidence critical Loss of chance Did delayed diagnosis reduce the probability of a better outcome? Philp v Ryan [2004] IESC 105: balance of probabilities, not discount High threshold to prove In paediatric cases, pre-existing conditions and rapid developmental changes make causation harder to prove than in adult claims. Your expert report must address causation directly, not just the standard of care.
Three causation tests applied by Irish courts in paediatric negligence claims: the "but for" test, the material contribution test, and the loss of chance doctrine under Philp v Ryan [2004] IESC 105.

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Where does paediatric negligence happen in Ireland?

Children face higher risks of medical error than adults because they cannot describe symptoms accurately, require weight-based drug dosing (where decimal-point errors cause tenfold overdoses), and their conditions can deteriorate with alarming speed. The HSE's Paediatric Early Warning System (PEWS) [4], National Clinical Guideline No. 12, exists specifically because children's physiological signs can shift faster than standard adult monitoring detects.

Common types of paediatric negligence by care setting in Ireland
Care settingCommon failuresExample conditions
Children's hospitals (CHI Temple Street, CHI Crumlin, CHI Tallaght, Cappagh)Unnecessary surgery, failure to escalate deterioration, hospital-acquired infectionDDH surgery without clinical indication, post-operative sepsis
A&E / Emergency DepartmentMissed sepsis red flags, premature discharge, failure to act on elevated PEWS scoreMeningitis misdiagnosis, greenstick fractures in toddlers
GP surgeryFailure to refer to specialist, missed red-flag symptomsDelayed cancer diagnosis, undiagnosed appendicitis sent home as "gastroenteritis"
Neonatal unit (post-birth)Jaundice management errors, feeding/nutrition failuresKernicterus, hypoglycaemic brain injury
CAMHS / Mental healthInappropriate medication, lost follow-up records, failure to monitorMaskey Report findings (South Kerry), over-medication

This page covers paediatric negligence after birth. For injuries during labour and delivery, see our birth injury claims guide.

Quick self-assessment: does your child's situation warrant further investigation?

Consider the following. Did your child's condition worsen unexpectedly while under medical care? Were you told something "went wrong" or received an open disclosure notification? Was your child sent home and then readmitted within 48 hours with a more serious diagnosis? Did your child undergo surgery that you now believe was unnecessary? Did symptoms that should have prompted a referral go unexamined?

If you answered yes to any of these, your child's records may reveal a departure from the expected standard. This self-assessment is general guidance only and does not constitute legal advice. A solicitor can review the specific circumstances.

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Which medical expert does your child's case need?

Every paediatric negligence claim in Ireland requires an independent expert report before proceedings can issue. The expert must practise in the same speciality as the doctor whose care is in question. Getting the wrong type of expert is one of the more common reasons for early delays. Ireland's pool of independent paediatric specialists willing to provide medico-legal reports is small, and experts are frequently sourced from UK teaching hospitals.

Matching the right expert to common paediatric negligence scenarios in Ireland
Alleged negligenceExpert speciality requiredWhy this matters
Missed meningitis or sepsis in A&EPaediatric emergency medicine consultantMust assess against PEWS and A&E triage protocols, not general paediatric standards
Unnecessary hip surgery (DDH)Paediatric orthopaedic surgeonAdult orthopaedic opinion is not equivalent. DDH surgical criteria differ from adult hip standards
Scoliosis surgery with non-CE springsPaediatric spinal surgeonMust address both clinical decision-making and medical device governance
Delayed cancer diagnosisPaediatric oncologistAssessment of whether symptoms warranted earlier investigation under paediatric referral pathways
Medication overdose or dosing errorPaediatric pharmacologist or clinical pharmacistWeight-based dosing calculations and formulary compliance are specialised areas
Missed fracture in A&EPaediatric radiologistGreenstick fractures and growth plate injuries require paediatric-specific imaging interpretation
CAMHS over-medication or lost filesChild and adolescent psychiatristPrescribing standards for under-18s differ from adult psychiatric practice
Neonatal care failure (post-delivery)Consultant neonatologistStandards differ from obstetric care during labour. Distinct from birth injury experts

Between locating the right expert and receiving their report, expect 4 to 8 months. Your solicitor should identify the correct speciality before instructing the expert, not after the report comes back questioning the wrong standard of care.

The CHI hip dysplasia audit: what the numbers show (2025 to 2026)

The Simon Thomas audit, published in May 2025, examined hip dysplasia (DDH) surgeries performed on children between 2021 and 2023 across three Irish hospitals. The findings were stark: 79% of pelvic osteotomies at Cappagh National Orthopaedic Hospital and 60% at Temple Street did not meet accepted international surgical criteria. By contrast, 98% of surgeries at Crumlin were appropriate. A total of 147 cases were reviewed. Source: Children's Health Ireland joint statement (May 2025) [5].

CHI hip dysplasia audit results 2021 to 2023: 79% of surgeries at Cappagh, 60% at Temple Street, and 2% at Crumlin did not meet accepted international surgical criteria. 147 cases reviewed. Source: Simon Thomas audit, May 2025. Surgeries not meeting international criteria (2021-2023) 100% 75% 50% 25% 79% Cappagh National Orthopaedic 60% Temple Street CHI Temple Street 2% Crumlin CHI Crumlin Source: Simon Thomas audit, May 2025. 147 cases reviewed across three hospitals.
CHI hip dysplasia audit: percentage of pelvic osteotomies at Cappagh (79%), Temple Street (60%), and Crumlin (2%) that did not meet accepted international surgical criteria, 2021 to 2023.

In February 2026, the HSE widened the look-back period to 2016 to 2023 and extended the scope beyond hip dysplasia to include spinal, limb reconstruction, and hip surgeries carried out by one consultant. Of 91 patients identified in this expanded review, 62 have been called back for clinical assessment. An international expert panel, led by Dr Kishore Mulpuri from British Columbia Children's Hospital, is reviewing all DDH patients from Temple Street (2010 onwards) and Cappagh.

If your child had hip surgery at Temple Street or Cappagh: The review is ongoing. Families who believe their child underwent unnecessary surgery may have grounds for a negligence claim, and potentially a separate claim for battery (surgery without proper clinical indication). The fact that a surgery was technically "successful" does not prevent a claim if the procedure should never have been performed. If you received a letter from Children's Health Ireland about the review, a solicitor experienced in paediatric negligence can review your child's records and advise on your options.

One aspect that most coverage misses: the legal question isn't only whether the surgery was negligently performed. Where a surgery was not clinically indicated at all, the claim can run on two tracks: negligence (the surgeon fell below the Dunne standard in recommending the procedure) and battery (the procedure itself lacked proper clinical justification, so consent was not truly informed). This dual-track approach is particularly relevant to the CHI hip dysplasia cases because the audit found the surgeries were technically performed correctly but should never have been recommended.

If your child's surgery was performed but shouldn't have been recommended: The claim addresses both the negligent recommendation and the lack of informed consent for a procedure that wasn't clinically indicated.

If your child's surgery was both unnecessary and performed badly: The negligence track covers both the recommendation and the execution, and the damages may be higher because the child suffered harm from a procedure they shouldn't have undergone.

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Temple Street spinal surgery: the HIQA findings on unauthorised springs

In April 2025, HIQA published a review [6] into the use of non-CE-marked metal springs implanted in three children during spinal surgery at Temple Street between 2020 and 2022. The springs were made from non-alloyed spring steel (carbon steel that corrodes in water), not medical-grade stainless steel. HIQA concluded the use of these springs was "wrong" and found that "children were not protected from the risk of harm."

The report identified a catalogue of failures: information shared with parents before surgery was "wholly inadequate," consent was "not fully informed" under the HSE's National Consent Policy, documentation was inadequate, and there were "unclear lines of reporting, accountability and oversight" across CHI. The CHI board chairman resigned in the immediate aftermath. HIQA made 19 recommendations, including a complete review of corporate and clinical governance at CHI.

For parents of children affected by these procedures, the legal implications go beyond standard negligence. The HIQA findings support claims on two fronts: lack of informed consent (parents were not told the devices were experimental) and potential breach of the European Medical Devices Regulation, alongside systemic governance failure at hospital level. The next step for affected families is to obtain the complete surgical records and any HIQA correspondence relating to their child.

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Sepsis, meningitis, and the PEWS protocol: how delays become negligence

Delayed diagnosis of sepsis and meningitis in children is one of the most common forms of paediatric negligence in Ireland. The HSE's Paediatric Early Warning System (PEWS) [4], National Clinical Guideline No. 12, provides a standardised scoring system for monitoring deterioration in hospitalised children. The PEWS score dictates when a nurse must escalate to a doctor.

A rising PEWS score that goes unescalated is strong evidence of a breach of duty. If your child was in hospital and their condition worsened without a timely medical review, the PEWS documentation in their medical records can reveal whether protocol was followed. A score above 4 typically triggers an immediate senior review. Parents can request these records and, with expert help, identify whether the correct escalation steps were taken.

Paediatric Early Warning System (PEWS) escalation ladder: score 0-1 routine monitoring every 4 hours, score 2-3 increased observation every 1-2 hours with senior nurse review, score 4-5 medical review within 30 minutes and consider higher-dependency unit, score 6 and above immediate medical team attendance and potential ICU transfer. Where negligence happens: when rising scores do not trigger the appropriate escalation. PEWS Escalation Ladder 6+ Critical Immediate medical team attendance Potential ICU transfer. Continuous monitoring. Consultant review. 4-5 High Medical review within 30 minutes Consider transfer to higher-dependency unit. Increase observation to every 15-30 min. 2-3 Moderate Increased observation every 1-2 hours Senior nurse review. Notify medical team if score rising. Document interventions. 0-1 Baseline Routine monitoring every 4 hours Standard care. Continue regular observations. Record on PEWS chart. Where negligence happens: a rising score that does not trigger the correct escalation response, or a PEWS chart that is not completed at all.
PEWS escalation ladder: expected clinical response at each score level. A score above 4 without a senior medical review is strong evidence of breach of duty in a paediatric negligence claim.

The Four-Source Records Request: When requesting your child's medical records from a hospital, you need four categories of documentation. First, the PEWS observation charts showing scored assessments. Second, nursing escalation notes recording when and whether doctors were called. Third, the time-stamped medical entries showing the doctor's response. Fourth, medication administration records. Together, these four sources form the evidential backbone of a paediatric deterioration claim. Without all four, gaps in the timeline are harder to prove.

In A&E, the challenge is different. Children are often sent home from emergency departments with a diagnosis of "viral illness" when the true diagnosis is early sepsis or meningitis.

If your child was admitted and their PEWS score rose without escalation: The Four-Source Records Request will reveal whether protocol was followed. A score above 4 without a senior review is strong evidence of breach of duty.

If your child was sent home from A&E and later readmitted: The question is whether the A&E doctor performed adequate observations, ran appropriate tests, and provided proper "safety net" advice to parents about when to return.

Medication and dosing errors in children

Children are not small adults in prescribing terms. Every medication dose must be calculated by weight (mg/kg), and decimal-point errors can produce tenfold overdoses. The HSE reported over 22,800 medication incidents across its services in a 30-month period. Source: Medical Independent [7]. Research from Northern Ireland's regional quality improvement initiative identified paediatric medication safety as an area where "critical incident" reporting revealed recurring patterns of weight-calculation failures, particularly with intravenous paracetamol and antibiotics. Source: The Pharmaceutical Journal [8].

The liability question in medication errors can be complex. If a doctor prescribes the wrong dose, the hospital is typically liable under the Clinical Indemnity Scheme. If a pharmacist dispenses the correct prescription incorrectly, liability may fall on the pharmacy. Where the error occurs in A&E under time pressure, the standard remains whether a competent doctor exercising ordinary care would have made the same mistake.

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CAMHS and mental health failures in children

Most paediatric negligence guides focus on physical injuries. There is a significant gap in coverage of psychiatric and mental health negligence affecting children through the Child and Adolescent Mental Health Services (CAMHS). The Maskey Report [21] into South Kerry CAMHS, published in January 2022, found that 240 children received care that did not meet the required standard and 46 children suffered significant harm, including inappropriate prescribing of antipsychotic medication, unreliable diagnoses, and missing case files. A non-adversarial compensation scheme was established and, as of February 2026, 231 of the affected families have received compensation through that scheme. In April 2024, the High Court approved the largest individual settlement at €200,000 for a teenager who developed bulimia after being inappropriately prescribed antipsychotic medication.

The Halpin Report [22] into North Kerry CAMHS reviewed approximately 300 files. The findings are more alarming than South Kerry: around 50% of reviewed cases received an apology from the HSE, compared with 15% in the Maskey Review. The Minister for Mental Health received the final report on 11 February 2026, and publication is expected within weeks. Families affected by North Kerry CAMHS should be aware that the South Kerry compensation scheme may serve as a precedent for a similar arrangement.

Parents of children with conditions such as ADHD or autism who were prescribed inappropriate medication, whose files were lost to follow-up, or who experienced a failure to monitor and review treatment, may have grounds for a medical negligence claim. These claims are assessed under the same Dunne principles as physical injury cases. The standard of care expected of a psychiatrist treating a child is measured against the standard of a competent child psychiatrist, not a general practitioner.

The difference between these cases and most paediatric negligence claims: the harm is often less visible but equally real. A child over-medicated for years, or one whose deteriorating mental health went unmonitored, faces long-term consequences that may only become fully apparent later in life.

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Who are you actually suing in a paediatric negligence claim?

Defendant identification: public hospital claims go to HSE via CIS, private claims go to practitioner insurer Child treated where? Public hospital (CHI, HSE) Defendant: HSE via CIS / SCA manages Private hospital or GP Defendant: Practitioner insurer or hospital co.
Most paediatric claims in Ireland name the HSE as defendant under the Clinical Indemnity Scheme, not the individual doctor.

In Ireland, most paediatric hospital negligence claims name the HSE as defendant under the Clinical Indemnity Scheme (CIS) [2], not the individual doctor who treated your child. The State Claims Agency (SCA), a division of the National Treasury Management Authority, manages the claim on behalf of the HSE and handles both negotiation and litigation.

This differs from England and Wales, where claims go through NHS Resolution under a different structure. In Ireland, the CIS covers all public hospital staff, meaning the HSE is named as defendant even when the negligent act was committed by an individual consultant, registrar, or nurse. For private hospital treatment, the claim may be against the hospital company or the practitioner's own insurer, depending on the employment arrangement.

One of the first challenges parents face is understanding this defendant structure. The doctor who treated your child isn't the party you sue. The hospital itself is rarely sued in its own name. Instead, the claim goes to the HSE, and the SCA manages the process. Getting the defendant wrong can cause delays.

If your child was treated in a public hospital (CHI Temple Street, Crumlin, Tallaght, or a regional hospital): The defendant is the HSE under the Clinical Indemnity Scheme. The SCA manages the claim.

If your child was treated privately or by a GP: The defendant may be the practitioner's own insurer or the private hospital company, depending on the employment arrangement. Your solicitor will identify the correct defendant before proceedings.

Children's Health Ireland (CHI) hospitals

Children's Health Ireland operates CHI at Temple Street (Dublin 1), CHI at Crumlin (Dublin 12), CHI at Tallaght, and CHI at Connolly. The new National Children's Hospital on the St James's campus is due to consolidate these services. For claims purposes, CHI hospitals fall under HSE-funded governance, and the CIS/HSE defendant structure applies. For a broader overview of claims against the Health Service Executive, see our claims against HSE guide.

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What are the time limits for children's claims in Ireland?

A child's medical negligence claim in Ireland can be brought until the child's 20th birthday, two years after turning 18. The Statute of Limitations 1957 [9] pauses the clock for minors. The date-of-knowledge rule can extend this if the link between injury and negligence only became apparent later.

There is a critical exception: if the negligence caused a permanent mental incapacity (such as severe hypoxic brain injury leading to cerebral palsy), the limitation clock never starts running. These claims can be brought decades after the event. This is a distinction that matters enormously for high-value catastrophic injury cases.

Time limits for children's medical negligence claims in Ireland: three pathways. Standard pathway: clock paused until age 18, then 2 years to file by age 20. Date-of-knowledge pathway: clock starts when injury-negligence link discovered, then 2 years from that date. Permanent incapacity pathway: clock never starts, no deadline applies. Statute of Limitations 1957 section 49. When does the time limit start? Standard Late discovery Permanent incapacity Clock paused while child is under 18 At 18: 2-year window opens Statute of Limitations 1957 Deadline: child's 20th birthday Injury-negligence link discovered later than the event itself Clock starts from date of knowledge not date of treatment Deadline: 2 years from discovery Severe brain injury, cerebral palsy, or other permanent mental incapacity Limitation clock never starts Statute of Limitations 1957, s.49 No deadline applies All three pathways: act early to preserve evidence and access interim payments for care needs.
Three time limit pathways for children's medical negligence claims in Ireland: standard (age 20 deadline), date-of-knowledge extension, and permanent incapacity (no deadline). Statute of Limitations 1957.

If your child is now a teenager and you only recently linked the injury to negligence: The date-of-knowledge rule may extend the deadline beyond the child's 20th birthday. Get legal advice promptly.

If the negligence caused permanent brain injury or intellectual disability: The limitation clock never starts. The claim can be brought at any age, though acting early still preserves evidence and allows interim payments for care.

Five reasons not to wait, even though the limit extends to age 20:

1. Hospital records can be mislaid if requested years later. 2. Medical staff move hospitals, retire, or become unavailable as witnesses. 3. Interim payments for your child's care needs can only be sought once proceedings begin. 4. Courts have dismissed claims for "inordinate and inexcusable delay" even within the statutory period. 5. Your child's condition is best documented while treatment is ongoing.

Unlike in England and Wales where the limitation period for personal injury is three years under the Limitation Act 1980, Ireland's two-year clock (from age 18) is shorter. Parents who have read UK guidance should be aware of this difference. For the full legal process of claiming on behalf of a child, including the next friend role and court approval requirements, see our dedicated guide.

How is a child's compensation handled in Ireland?

Compensation awarded to a child in Ireland belongs to the child, not the parents. Every settlement must be approved by a court (known as an "infant ruling"), even for relatively small sums. The money is then lodged with the Accountant of the Courts of Justice [10] and held until the child turns 18. The court can release interim funds for urgent care, treatment, or assistive technology.

General damages for paediatric injuries are assessed under the Judicial Council Personal Injuries Guidelines (2021) [11], formerly known as the Book of Quantum. The Guidelines don't have separate paediatric categories, but children's cases frequently involve severe or catastrophic injuries that fall into the highest brackets. Future care costs in paediatric cases are uniquely high because of the child's life expectancy.

Child compensation structure in Ireland
ElementDescriptionChild-specific rule
General damagesPain, suffering, loss of amenityAssessed per Guidelines. Severe injuries: €100,000 to €550,000+. Awards vary case by case.
Special damagesPast medical costs, care, travelReceipts and evidence required
Future care costsOngoing treatment, therapies, equipmentHigher for children due to life expectancy. PPO may apply.
Future loss of earningsCareer impact of injuryProjected from estimated earning capacity
Funds managementHeld by Accountant of CourtsReleased at 18. Interim release by court order for care needs.

All euro figures reflect ranges under the Judicial Council Personal Injuries Guidelines (2021). Awards vary case by case and these figures do not predict any specific outcome.

Periodic Payment Orders for catastrophic injuries

For the most severe paediatric injuries, the Civil Liability (Amendment) Act 2017, Part IVB [12] allows courts to make Periodic Payment Orders (PPOs) instead of lump-sum awards. A PPO provides regular, indexed payments to cover ongoing care costs for the child's lifetime. The first PPO was approved by the Irish High Court in February 2019. PPOs are particularly relevant for children with conditions requiring lifelong support, though there's ongoing debate about whether the HICP index used for PPO adjustments adequately reflects actual care cost inflation.

What is actually being calculated in a child's compensation claim?

A child's claim involves heads of damage that differ from adult claims because the child has no earnings history and their future needs must be projected across a full lifetime. The main components are: general damages (pain and suffering assessed against the Judicial Council Guidelines), loss of earning capacity (not loss of earnings, since the child has never worked, this is calculated by actuarial projection using CSO earning statistics, parental occupation, and educational attainment as benchmarks), a life care plan (a detailed costed projection of every care need including physiotherapy, occupational therapy, speech and language therapy, psychology, nursing, respite, assistive technology, and adapted transport), an accommodation report (where the family home needs adaptation or replacement for wheelchair access, sensory rooms, wet rooms, or hoisting equipment), an educational psychologist assessment (documenting impact on learning, need for resource hours, and SNA allocation), future medical costs, and past and future care provided by parents who reduced working hours or left employment, valued at a notional hourly rate. Each head requires a separate expert report.

What happens to the compensation if your child lacks capacity at 18?

For children with catastrophic injuries such as severe brain injury or profound disability, the question of who manages their compensation after they turn 18 is critical. The old ward of court system was abolished in April 2023. The Assisted Decision-Making (Capacity) Act 2015 [19] replaced it with a graduated support framework administered by the Decision Support Service (DSS). Under the new system, a parent or family member can be appointed as a decision-making assistant (for minor decisions), a co-decision-maker (for joint decisions), or a decision-making representative (for full substitute decision-making, ordered by the Circuit Court). Minor wards of court are discharged from wardship on reaching 18, at which point the new framework applies. The compensation held by the Accountant of Courts of Justice is then released or transferred in accordance with whatever decision-support arrangement the Circuit Court puts in place. Your solicitor should address this transition as part of the settlement structure, not after the case is over.

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How long does a paediatric negligence claim take?

No two cases follow the same path, but parents should have realistic expectations. A straightforward case with clear liability and moderate injury typically takes 2 to 3 years from first consultation to settlement. Disputed liability cases with significant injury take 3 to 5 years. Catastrophic injury cases involving brain injury or severe disability routinely take 5 to 7 years or longer, and this is sometimes deliberate.

Realistic timelines for paediatric negligence claims in Ireland: straightforward cases 2 to 3 years, disputed liability 3 to 5 years, catastrophic injury 5 to 7 years or longer. Key milestones: first consultation, records obtained, expert report, letter of claim, mediation or trial, court approval, and compensation lodged. Typical claim duration by complexity Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 7+ Simple 2-3 years: clear liability, moderate injury Disputed 3-5 years: disputed liability, significant injury, multiple experts Catastrophic 5-7+ years: brain injury, severe disability, wait for prognosis to crystallise First consultation Records obtained Expert report Letter of claim Mediation or trial Court approval Interim payments possible
Typical durations for paediatric negligence claims in Ireland: straightforward (2-3 years), disputed (3-5 years), and catastrophic (5-7+ years). Interim payments can be made during the claim for immediate care needs.

Paediatric claims take longer than adult claims for a specific reason: the full extent of a child's injury often isn't known until their development stabilises. A brain injury sustained in infancy may not reveal its full impact on cognition, speech, and motor function until the child reaches school age. Settling too early risks undervaluing the claim by decades of care costs. Your solicitor may strategically wait for the prognosis to crystallise before finalising the case.

In catastrophic cases, the SCA can agree to make interim payments for immediate care needs while the claim is ongoing. This is critical because families often need adapted housing, specialist equipment, and therapy years before the case resolves. Interim payments do not affect the final settlement amount.

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Steps in a paediatric negligence claim in Ireland

The process for a child's medical negligence claim in Ireland has specific requirements that adult claims don't. From April 2025, clinical negligence cases in the High Court are managed through a dedicated Clinical Negligence List (Practice Direction HC 132) [13], designed to reduce delays and encourage early mediation.

1. Seek independent medical attention for your child if ongoing care is needed.

2. Consult a solicitor experienced in paediatric negligence. Medical experts for Irish paediatric cases are frequently sourced from the UK, because Ireland's pool of independent paediatric specialists willing to provide medico-legal opinions is small. The expert's speciality must match the alleged negligence: a paediatric neurologist for brain injury, a paediatric orthopaedic surgeon for DDH cases, a paediatric radiologist for missed fractures.

3. Parent or guardian appointed as "next friend." The next friend brings the claim on the child's behalf. They must have no interest adverse to the child's. For full details on this role, see our claims for children guide.

4. Solicitor obtains complete medical records from the hospital, GP, and any other treating facility. For CHI hospital records, the request goes to CHI's central records office. For deterioration cases, use the Four-Source Records Request (PEWS charts, nursing escalation notes, time-stamped medical entries, and medication records) to ensure nothing is missed. At this point, the quality of the records you obtain directly affects the strength of the expert's opinion.

5. Independent expert reviews the records and produces a written report assessing whether care fell below the Dunne standard. See our guide on independent medical expert reports.

6. Letter of claim sent to the HSE via the Clinical Indemnity Scheme. The SCA then manages the defence.

7. Mediation or court proceedings. In 2024, 43% of clinical claims where the SCA paid damages involved mediation, up from 32% in 2022 2. The new Clinical Negligence List encourages early commitment to mediation.

8. Court approval required for any settlement involving a child. This "infant ruling" (under Order 22 Rule 10 of the Rules of the Superior Courts) is a dedicated hearing where a High Court judge reviews the medical reports, the proposed settlement terms, and counsel's written opinion on whether the amount is fair and in the child's interest. Counsel for the minor, who is separate from the family's solicitor, presents the case to the judge. The judge can reject an insufficient settlement, and this does happen. The hearing is typically 30 minutes to an hour, held in chambers. Parents attend but the child usually does not.

9. Compensation lodged with the Accountant of the Courts of Justice (courts.ie) until the child turns 18.

Requesting medical records from CHI hospitals

One detail that slows claims down more than most parents expect: obtaining medical records from Children's Health Ireland. All requests for records from Temple Street, Crumlin, and Tallaght paediatric services go through CHI's central Health Information Management department, not the individual hospital. The request is made under the Data Protection Act 2018 (not Freedom of Information, which doesn't apply to clinical records in the same way). CHI must respond within 30 days, though in practice the turnaround is closer to 8 to 12 weeks for complex files. There is no fee for access requests under GDPR. If records are incomplete or redacted, your solicitor can escalate through the Data Protection Commission.

For the Four-Source Records Request, specify each category individually in your written request: PEWS observation charts, nursing escalation notes, time-stamped medical entries, and medication administration records. Bundling them into a single generic "all records" request often results in nursing notes or PEWS charts being omitted from the response.

Four-Source Records Request checklist for paediatric negligence claims: 1. PEWS observation charts showing scored physiological assessments. 2. Nursing escalation notes recording when doctors were called. 3. Time-stamped medical entries showing the doctor's response and decisions. 4. Medication administration records showing what was prescribed, given, dosages, and timing. Send request to CHI central Health Information Management department under the Data Protection Act 2018. Four-Source Records Request 1. PEWS observation charts Scored physiological assessments with timestamps showing deterioration patterns 2. Nursing escalation notes Documentation of when and whether nursing staff escalated concerns to doctors 3. Time-stamped medical entries Doctors' contemporaneous notes showing when the child was seen and what was decided 4. Medication administration records What was prescribed, what was given, dosages, and timing of each administration Send to CHI central Health Information Management dept under Data Protection Act 2018. Specify each category individually.
The Four-Source Records Request: four categories of hospital records to request individually for a paediatric negligence claim. Send to CHI's Health Information Management department under the Data Protection Act 2018.

Does a hospital apology mean they have admitted fault?

No. Under the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 [14], which became mandatory from 26 September 2024, hospitals must disclose serious patient safety incidents to patients and families. The Act explicitly provides that any information disclosed and any apology "shall not constitute an express or implied admission of fault or liability" and is not admissible as evidence in legal proceedings.

Open disclosure is about transparency, not legal admission. If a hospital has told you something went wrong with your child's care, that doesn't mean your claim is proven. Equally, it doesn't prevent you from pursuing a claim. The open disclosure and the legal process run on separate tracks entirely.

The timing matters more than most guides suggest: if you receive an open disclosure notification, gather and preserve the documentation immediately. Request copies of everything the hospital provides during the disclosure meeting. That information can inform your solicitor's assessment, even though it can't be used as evidence of admission in court.

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What happens if a child dies from suspected negligence?

When a child dies and the cause of death is unclear or potentially linked to medical care, the coroner will hold an inquest under the Coroners Act 1962 (as amended). The inquest is a fact-finding hearing, not a trial. It determines the cause and circumstances of death but does not assign blame or civil liability. However, the evidence heard at an inquest, including testimony from treating doctors and pathologists, can be directly relevant to a subsequent negligence claim.

Parents should be aware of three things. First, you are entitled to legal representation at the inquest, and a solicitor experienced in medical negligence can ensure the right questions are put to witnesses. Second, the coroner's verdict and deposition evidence are admissible in later civil proceedings, which means the inquest can effectively front-load part of the liability investigation. Third, the HSE and the hospital's legal team will be represented at the inquest, so attending without legal advice puts you at a disadvantage.

A civil claim for wrongful death can proceed alongside or after the inquest. The limitation period for a fatal injury claim in Ireland is two years from the date of death under the Civil Liability Act 1961. Where the death involves a child who was a patient, the claim is typically brought by the parents as dependants under Part IV of the Act.

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What most guides get wrong about paediatric negligence in Ireland

"I've already complained to the HSE, so the legal side is covered." Filing a complaint through the HSE's "Your Service Your Say" process is not the same as pursuing a legal claim. The HSE complaint process is an internal review with no legal standing and no power to award compensation. Crucially, any written statements you make during the complaint process may be discoverable in later legal proceedings, meaning they could be used by the defence. If you believe your child suffered negligence, speak with a solicitor before engaging with the HSE's internal complaints procedure.

"Medical negligence doesn't go through the Injuries Resolution Board." This was broadly true until December 2023. Following legislative changes, the Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB), now has jurisdiction that can extend to medical negligence claims. In practice, the IRB may decline complex paediatric negligence cases, requiring direct court litigation. The blanket exemption that many guides still state is no longer fully accurate.

"Making a claim will affect my child's ongoing treatment." It won't. Investigating a potential claim or issuing proceedings does not affect your child's duty of care from their treating clinicians. Hospitals have continuing clinical obligations regardless of legal proceedings. The claim is against the HSE, managed by the SCA. Your child's treating doctors at CHI or any other hospital won't typically be involved in the legal process day-to-day.

"Paediatric negligence means birth injuries." Birth injuries are a specific, separate category involving obstetric and midwifery care during labour and delivery. The majority of paediatric negligence claims involve post-birth care: delayed sepsis diagnosis in A&E, GP failure to refer, unnecessary surgery, medication errors, and CAMHS failures. We cover birth injury claims on a dedicated page.

"The compensation goes to the parents." The compensation belongs to the child. Any settlement must be approved by a court, and the funds are lodged with the Accountant of the Courts of Justice until the child turns 18. Parents do not receive the funds directly. The court may release interim amounts for care needs.

Common questions about paediatric negligence claims in Ireland

Can I claim if my child's treatment happened years ago?

Yes. For children, the two-year limitation clock does not start until the child's 18th birthday, giving until age 20 to bring a claim. The date-of-knowledge rule can extend this further if the link between negligence and injury only became apparent later.

If the negligence caused a permanent mental disability, the clock never starts. These claims can be brought at any point. Acting early still preserves evidence and allows interim payments for care. Courts have penalised "inordinate delay" even within the statutory window.

Hospitals are only required to retain patient records for eight years under HSE policy (adults). Paediatric records should be kept longer, but gaps do occur in practice.

Next step: For advice on time limits specific to your child's situation, speak with a solicitor experienced in paediatric negligence.

Who is the "next friend" and what do they do?

A "next friend" is the adult (usually a parent or guardian) who brings the legal claim on behalf of the child. The child is the plaintiff. The next friend instructs the solicitor and makes decisions about the case, acting entirely for the child's benefit.

The next friend must confirm they have no interest adverse to the child's. If the parent's own negligence caused the injury, they cannot act as next friend. Another suitable adult or the court can appoint a replacement. Full details are in our claims for children guide.

Parents sometimes worry about personal liability for legal costs if the case fails. The next friend's liability for costs is a matter the solicitor should address before proceedings begin.

Next step: A solicitor can explain the next friend appointment process and your obligations.

Do paediatric negligence claims go through the Injuries Resolution Board?

The position changed in December 2023. Medical negligence claims were historically exempt from the PIAB process. The IRB now has jurisdiction that can extend to medical negligence.

In practice, the IRB may decline complex paediatric negligence cases, particularly those involving catastrophic outcomes or disputed liability. Most serious paediatric negligence claims still proceed directly to court.

From handling these cases, the practical reality is that the IRB consideration step exists but rarely changes the ultimate route to High Court for complex paediatric claims.

Next step: Your solicitor will determine the correct route based on the specifics of your child's case.

Can we access the compensation money before my child turns 18?

Yes, in certain circumstances. The court can release interim funds from the Accountant of the Courts of Justice for care needs, treatment, assistive technology, or other expenses directly related to the child's welfare.

An application must be made to the court for each release. Capital items (wheelchairs, home adaptations) and specialist therapies are more likely to be approved than routine living expenses. Interim payments during proceedings (before final settlement) can also be sought once liability is established.

The gap between needing care now and the time it takes to resolve the claim is usually the sticking point for families. Knowing that interim relief exists can make a significant practical difference.

Next step: A solicitor can advise on both interim payments during the case and early release of settled funds.

What if my child was treated at Temple Street or Cappagh during the hip dysplasia review?

If your child underwent hip surgery at Temple Street or Cappagh between 2010 and 2023, the ongoing independent review may be relevant. The Simon Thomas audit found that a majority of reviewed surgeries at both hospitals did not meet accepted surgical criteria 5.

The review expanded in February 2026 to include spinal and limb reconstruction surgeries. Unnecessary surgery can give rise to claims in negligence and potentially in battery (surgery without proper clinical justification). Not every child reviewed will have a legal claim, but families who received letters from CHI should seek independent legal advice.

The difference between the legal categories matters. A negligence claim requires proof of breach of duty. A battery claim focuses on whether valid consent existed for the procedure performed.

Next step: Gather your child's discharge summaries, any correspondence from CHI, and the Four-Source Records Request documentation. This leads to the question of whether the surgery met accepted criteria, which a solicitor and independent expert can assess together.

Will taking a claim affect my child's ongoing hospital treatment?

No. Bringing a claim does not affect your child's right to ongoing medical care. Hospitals have a continuing duty of care regardless of legal proceedings.

The claim is managed by the State Claims Agency. Your child's treating clinicians at CHI or any other hospital won't typically be directly involved in the day-to-day legal process.

Next step: If you have concerns about current care, raise them with the hospital's patient advocacy service separately from any legal claim.

How much does a paediatric negligence solicitor cost?

Most solicitors who handle paediatric negligence claims in Ireland offer an initial consultation to assess whether a case has merit. Fee arrangements should be discussed and agreed in writing before any work begins.

Irish solicitors are regulated by the Legal Services Regulatory Authority (LSRA) [15]. The LSRA prohibits misleading fee claims in advertising. Your solicitor should explain their fee structure clearly before you commit to proceeding.

Next step: Ask about fee arrangements during your initial consultation.

Do I need to go to court for my child's case?

Not necessarily for the main proceedings. In 2024, 43% of clinical negligence claims where the SCA paid damages involved mediation 2. A total of 56% of SCA claims resolved without full court proceedings.

Court approval is still required for every settlement involving a child, even if the case resolves through mediation. This "infant ruling" is typically a short hearing where a judge confirms the settlement is fair. The new High Court Clinical Negligence List (from April 2025) encourages early mediation.

More paediatric negligence cases are resolving through mediation than in previous years. For families, this can mean a faster resolution and a less adversarial experience.

Next step: Your solicitor can advise whether mediation is appropriate for your child's case.

What to consider next

My child was injured at birth. Does this page apply?

Birth injuries (cerebral palsy from oxygen deprivation, Erb's palsy, forceps injuries) are a specific category of medical negligence involving obstetric and midwifery care during labour and delivery. See our dedicated birth injury claims guide. This page covers paediatric negligence after the birth process.

Can I complain about my child's treatment without making a legal claim?

Yes. You can make a formal complaint to the hospital, to the HSE complaints process, to the Medical Council, to the NMBI (for nursing concerns), or to HIQA. A complaint is separate from a legal claim and does not prevent you from pursuing one later.

What if a misdiagnosis caused my child's condition to worsen?

Delayed or missed diagnosis is one of the most frequent forms of paediatric negligence. Our misdiagnosis claims guide covers the legal framework in detail. For paediatric-specific misdiagnosis (meningitis, appendicitis, fractures), this page applies.

References

  1. Supreme Court of Ireland. Dunne v National Maternity Hospital [1989] IR 91. Available at: bailii.org.
  2. National Treasury Management Authority. NTMA Annual Report 2024: State Claims Agency. Published 14 July 2025. Available at: stateclaims.ie.
  3. Supreme Court of Ireland. Morrissey v HSE [2020] IESC 6. Available at: bailii.org.
  4. Department of Health. Paediatric Early Warning System (PEWS): National Clinical Guideline No. 12. Available at: gov.ie.
  5. Children's Health Ireland. Joint Statement on DDH Audit. Published May 2025. Available at: childrenshealthireland.ie.
  6. Health Information and Quality Authority. Review of the Governance of Implantable Medical Devices at CHI at Temple Street. Published 8 April 2025. Available at: hiqa.ie.
  7. Medical Independent. Over 22,800 Medication Incidents Reported by HSE in 30 Months. Available at: medicalindependent.ie.
  8. The Pharmaceutical Journal. Using Critical Incident Data to Promote Paediatric Medication Safety: A Regional Quality Improvement Initiative in Northern Ireland. Available at: pharmaceutical-journal.com.
  9. Oireachtas. Statute of Limitations 1957 (Act No. 6 of 1957). Available at: irishstatutebook.ie.
  10. Courts Service. Accountant of the Courts of Justice. Available at: courts.ie.
  11. Judicial Council. Personal Injuries Guidelines. Published 2021. Available at: judicialcouncil.ie.
  12. Oireachtas. Civil Liability (Amendment) Act 2017, Part IVB (Act No. 30 of 2017). Available at: irishstatutebook.ie.
  13. Courts Service. Practice Direction HC 132: Clinical Negligence List. Effective 28 April 2025. Available at: courts.ie.
  14. Oireachtas. Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (Act No. 6 of 2023). Commenced 26 September 2024. Available at: irishstatutebook.ie.
  15. Legal Services Regulatory Authority. Available at: lsra.ie.
  16. Oireachtas. Coroners Act 1962 (Act No. 9 of 1962). Available at: irishstatutebook.ie.
  17. Oireachtas. Civil Liability Act 1961, Part IV (Fatal Injuries) (Act No. 41 of 1961). Available at: irishstatutebook.ie.
  18. Oireachtas. Data Protection Act 2018 (Act No. 7 of 2018). Available at: irishstatutebook.ie.
  19. Oireachtas. Assisted Decision-Making (Capacity) Act 2015 (Act No. 64 of 2015). Commenced 26 April 2023. Available at: irishstatutebook.ie.
  20. Supreme Court of Ireland. Philp v Ryan [2004] IESC 105. Available at: bailii.org.
  21. Health Service Executive. Maskey Report: Look-back Review into South Kerry CAMHS. Published January 2022. Available at: hse.ie.
  22. Health Service Executive. Halpin Report: Look-back Review into North Kerry CAMHS. Report received by Minister February 2026. Available at: hse.ie.

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

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