Recent Medical Negligence Cases in Ireland: Settlements, Judgments and Patterns (2024–2026)

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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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.

The State Claims Agency paid €210.5 million in clinical negligence damages in Ireland in 2024, down 24% from 2023. Recent High Court settlements range from €220,000 to €12 million. Outstanding healthcare liabilities remain above €5 billion.

New Practice Directions HC131 and HC132, effective 28 April 2025, created a dedicated Clinical Negligence List [1] that is changing how quickly these cases resolve. Below you will find the named cases, aggregate data and procedural reforms shaping medical negligence claims in Ireland right now.

What changed in 2025–2026: Clinical Negligence List live from 28 April 2025. Patient Safety Act 2023 commenced 26 September 2024. Pre-action protocols targeted for Q3 2026. Periodic Payment Orders returning after a 2019 pause. Programme for Government commits to court-supervised mediation for neonatal brain injury claims.

Do medical negligence claims go through the IRB? No. They are exempt under section 3(d) of the PIAB Act 2003 and go directly to court.
What is the time limit? Two years from the date of injury or date of knowledge. For children, time runs from their 18th birthday.
What was the largest recent settlement? €12 million for a catastrophic birth injury. Awards vary and depend on individual circumstances.
How long do claims take? Four years on average in Ireland (1,462 days). New court rules aim to reduce this.
Contents
2024 clinical damages: €210.5 million paid by the SCA. Irish Times (Mar 2025) [2]
Outstanding liability: Estimated at €5.185 billion as of end 2023. IHCA (Mar 2025) [3]
Trial rate: Only 35 of 2,593 clinical claims (1.3%) went to full trial, 2021 to 2024. Irish Examiner (Apr 2025) [4]
Average claim duration: 1,462 days (four years) in Ireland vs 939 days in the UK. Medical Independent (May 2025) [5]

How much did Ireland pay in medical negligence claims in 2024?

Clinical negligence damages in Ireland fell 24% in 2024, from €275.9 million to €210.5 million, according to data released by the State Claims Agency in March 2025 2. Total damages across all State claim categories dropped to €286.9 million, down €89.9 million from 2023. The reduction does not mean fewer injuries. Catastrophic claims, particularly neonatal brain injuries, still produce awards above €10 million. The year-on-year drop reflects settlement timing, interim payment schedules and the resolution of several mass actions in the prior year 4.

According to Irish Examiner analysis of SCA data, the Agency paid out €1.44 billion in damages and legal costs for clinical and non-clinical claims between 2021 and 2024 4. Plaintiff legal costs alone rose from €44.7 million in 2021 to €70.5 million in 2025. A detail that catches many claimants off guard: the average legal cost per Irish medical negligence claim is €34,646, which is 191% higher than in the UK (€11,911), according to the Medical Protection Society 5. Unlike in England and Wales, where formal pre-action protocols have operated since the late 1990s, Ireland has no equivalent framework, which contributes directly to longer timelines and higher costs.

The outstanding liability for healthcare claims in Ireland rose 64% between 2018 and 2022, from €2.8 billion to €4.6 billion, according to the Interdepartmental Working Group Report (Jul 2024) [6]. Catastrophic clinical claims accounted for just 2% of new claims annually but drove over 50% of total costs. The IHCA has warned that the current €5 billion liability could rise by multiples over the next two decades if reforms stall 3.

SCA national claims data shows a consistent pattern in where paid claims originate: surgery accounts for 34% of claims resulting in a damages payment, medicine 31% and maternity and gynaecology 27%, according to a BMJ Open Quality study analysing Irish clinical claims data (published Sep 2024) [14]. The numbers can be misleading. Maternity claims represent roughly a quarter of claims by volume but account for over half of total clinical claim expenditure, because neonatal brain injury and cerebral palsy cases require lifetime care costing millions.

SCA clinical negligence damages, 2021 to 2024 2021: €285m 2022: €374m 2023: €275.9m 2024: €210.5m Source: SCA data via Irish Times, Irish Examiner, IHCA (2025). 2023 and 2024 figures are clinical care damages. 2021 and 2022 figures are total SCA damages.
SCA damages by year. 2023 and 2024 are clinical care damages. The 2024 drop reflects settlement timing rather than fewer injuries.
Clinical claims resolved, 2021 to 2024 2,593 clinical claims finalised (2021 to 2024) 2,558 settled without a full trial (98.7%) 35 trial (1.3%) Source: Irish Examiner / SCA (2025)
The fear of going to court is the most common reason people delay contacting a solicitor. In practice, fewer than 2 in 100 clinical claims reach a full trial.
Ireland and UK medical negligence comparison Ireland vs UK: medical negligence claims at a glance Time limit: 2 years (Ireland) Time limit: 3 years (England & Wales) Average duration: 1,462 days (4 years) Average duration: 939 days (2.6 years) Average legal cost: €34,646 Average legal cost: €11,911 Sources: MPS 2024 report, Statute of Limitations 1957 (IE), Limitation Act 1980 (UK). Ireland uses Dunne Principles; UK uses Bolam/Bolitho and Montgomery tests.
Key differences between the Irish and UK medical negligence systems. Ireland's shorter deadline and higher costs make early legal advice more critical.

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Common misconceptions about medical negligence in Ireland

What many people assume vs what recent cases and data actually show
Common beliefReality
"All medical negligence cases settle for millions"Most settlements fall well below €1 million. Multi-million euro awards are confined to catastrophic injuries requiring lifetime care. The €220,000 Sikorski settlement and €1.3 million brain tumour case show the range is wide.
"The HSE never apologises"Apologies featured in multiple 2024 and 2025 settlements, including the Tariq, Sikorski and Collins cases. The Patient Safety Act 2023 now makes open disclosure of serious incidents a legal obligation.
"The Book of Quantum decides what injuries are worth"The Book of Quantum was replaced in April 2021 by the Personal Injuries Guidelines 10, which set lower general damages ranges. Awards under the old system are not reliable comparators for current claims.
"Medical negligence claims must go through the IRB"Clinical negligence is exempt under section 3(d) of the PIAB Act 2003. Claims proceed directly to the courts without an IRB assessment.

Which maternity cases produced the largest settlements?

Maternity cases consistently produce the largest settlements in Irish medical negligence, with fetal monitoring failures as the most common underlying cause. Families affected by these failures face lifelong care costs that drive multi-million euro awards. The headline figure reflects lifetime special damages (future care, adapted housing, therapy, equipment and lost earnings) rather than a penalty against the HSE. Five named maternity cases from 2020 to 2025 are set out in the following table. For a full breakdown of how Irish courts calculate these awards, see medical negligence compensation in Ireland.

Named maternity and birth injury settlements, 2020 to 2025
CaseHospitalCore issueSettlement
Robyn KilgallonSligo General HospitalFailure to admit and treat bacterial meningitis (2011). Catastrophic brain damage. HSE admitted liability.€12 million
Boy (16), delayed C-sectionMidland Regional Hospital, PortlaoiseSevere hypoxia after delayed caesarean section. Inadequate CTG tracing and Oxytocin misuse.€1.9 million
Nayyab Tariq (maternal death)Mayo University HospitalPost-partum haemorrhage during placenta removal surgery (March 2020). Died four hours after giving birth. HSE admitted liability and apologised.€1.9 million
Rebecca Collins (stillbirth)University Hospital LimerickFailure to monitor and manage a non-reassuring CTG (fetal heartbeat). HSE apologised.Six-figure (undisclosed)
Baby Aoibheann (induction death)University Maternity Hospital LimerickSigns of fetal distress not identified during induction. Systems analysis review confirmed more intensive monitoring would have likely resulted in a favourable outcome.Settlement + apology

A recurring pattern emerges from these cases. We call this the CTG-Response Gap: the interval between a non-reassuring cardiotocograph trace and the clinical decision to intervene. In cases like the Portlaoise hypoxia settlement and the Collins stillbirth, the gap between the warning sign and the emergency response proved decisive. The Programme for Government 2025 has committed to a court-supervised, mediation-based process specifically for neonatal brain injury claims, with annual reviews between the SCA and maternity hospitals on injury incidence. For more on brain injury claims from medical negligence, see our detailed guide.

If the hospital admitted liability early: The dispute shifts to calculating damages only. Timelines typically shorten by 12 to 18 months because there is no contested trial on whether negligence occurred.

If liability is denied: You will need independent expert evidence proving both that the standard of care was breached and that the breach caused the injury. The timeline extends to four years or more.

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What do recent cancer and diagnostic delay cases show?

Delayed diagnosis remains one of the most common types of medical negligence claim in Ireland, with cancer cases carrying the highest stakes. GP referral delays, misread screening tests and failure to follow up on abnormal results all feature in recent settlements. The challenge for claimants is proving that the delay, rather than the disease itself, caused the harm. Irish courts apply the Dunne Principles on causation, which set a stricter test than the Bolam/Bolitho standard used in England and Wales.

A €3.5 million settlement was reached after a GP delayed a cancer referral by several months, allowing the cancer to spread and reducing the patient's life expectancy. The court considered lost earnings, treatment costs and the reduced prognosis 2. In a separate case, St James's Hospital apologised to a mother of three over the under-reporting of a cervical smear test in 2004, which led to a delayed diagnosis of cervical cancer in 2017.

The Court of Appeal's decision in Crumlish v HSE [2024/2025] showed how difficult proving causation can be in Irish cancer claims. The plaintiff relied on theoretical "tumour doubling times" from an academic paper to argue that cancer was present at an earlier stage. The court dismissed the claim, holding that generalised academic models cannot substitute for specific, individualised expert oncology evidence. One aspect the official guidance doesn't cover: securing the right independent expert is the single most important decision in a cancer misdiagnosis claim. At this point, you'll need to decide whether your expert evidence is strong enough to proceed or whether further investigation is needed. For the full process, see our guide to cancer misdiagnosis claims in Ireland.

If your cancer was caught later than it should have been: The claim focuses on the "lost opportunity" caused by the delay, including any worsened prognosis, additional treatment, and reduced life expectancy. Expert evidence must link the delay to a specific, measurable difference in outcome.

If the cancer was missed entirely on screening: You will need an expert to confirm the abnormality was visible on the original scan or test. The CervicalCheck cases established that screening laboratories owe a duty of care directly to patients.

Surgical and hospital negligence settlements

Surgical errors and in-hospital incidents account for a significant share of medical negligence claims in Ireland, with settlements ranging from €220,000 to €2 million in recent cases. These claims typically involve delayed investigations, failures in post-operative monitoring, or falls during hospital stays. Unlike maternity cases, surgical negligence settlements tend to be lower because the injuries, while serious, rarely require lifetime 24-hour care. The common thread in the cases below is that a straightforward intervention, such as ordering an X-ray or supervising a post-surgical patient, was either delayed or missed entirely.

Surgical and hospital negligence cases, 2018 to 2025
CaseHospitalCore issueSettlement
Aaron SikorskiGalway University Hospital + GPButton battery swallowed aged 13 months (2018). X-ray not ordered for nine days despite multiple visits to GP and hospital A&E. Battery corroded throat, causing tracheoesophageal fistula and multiple surgeries. HSE admitted breach of duty.€220,000
Brain tumour surgeryHSE facilityEight-year-old developed severe neurological deficits after brain tumour surgery (2001). MRI scan not conducted before procedure. Paralysis, cognitive impairment, deafness, epilepsy. 10% liability attributed to HSE.€1.3 million
Ms FloodBeaumont HospitalFall in hospital toilet after craniotomy for benign brain tumour (May 2019). Life-altering injuries. No admission of liability.€2 million

The timing matters more than most guides suggest: hospital CCTV is typically overwritten within 7 to 30 days. If you or a family member suffered an injury during a hospital stay, request CCTV preservation in writing immediately. The next step is to obtain your complete hospital file through a Data Protection Subject Access Request.

CHI spinal surgery: what the HIQA report means for affected families

In April 2025, HIQA published a 200-page statutory review into the use of non-CE marked metal springs in paediatric spinal surgery at Children's Health Ireland (CHI) at Temple Street. The review found that unapproved springs were implanted in three children with scoliosis between 2020 and 2022. HIQA concluded the use of the springs "was wrong" and that "children were not protected from the risk of harm." The springs were bought from abroad, not ordered through the hospital procurement system and not tracked on any business management system. No ethical approval was sought. The CHI Chairman resigned following publication, and the surgeon at the centre of the controversy was referred to the Medical Council [12]. Source: HIQA CHI Review (Apr 2025) [13].

No compensation claims from the CHI spinal cases have been publicly finalised as of March 2026. Families affected by the use of unapproved devices should be aware that the two-year limitation clock typically runs from the date of knowledge, not the date of surgery. The HIQA report and subsequent media coverage may itself constitute a "date of knowledge" trigger for some families. If your child underwent spinal surgery at CHI Temple Street between 2020 and 2022, obtaining independent legal advice early is critical.

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Why do some medical negligence claims fail in Ireland?

Not every medical negligence claim succeeds, and understanding why claims fail is as important as studying the settlements. Irish courts apply the Dunne Principles, established in Dunne v National Maternity Hospital (1989). A doctor is not negligent if their actions align with a practice accepted as proper by a responsible body of medical opinion, provided that practice has a logical basis. This is NOT the same as the Bolam/Bolitho test used in England and Wales, where the court can reject a body of medical opinion if it lacks a logical basis.

Irish law also differs on informed consent: while the UK adopted the patient-centred Montgomery standard in 2015, Ireland's position on consent disclosure remains governed by the Dunne Principles and cases including Fitzpatrick v White [2007]. For a full explanation, see our guide to breach of duty in medical negligence.

In Tynan v Bon Secours Health System [2025], the High Court dismissed a patient's claim arising from a cardiac procedure. The patient alleged she experienced severe pain, reported it to the treating team and asked for the surgery to be stopped. Five members of the treating team gave evidence that contradicted her account, and the contemporaneous medical records did not support her version. The court accepted the hospital's evidence.

In A v HSE [2026], a mother of a severely disabled child had brought seven previous claims related to premature birth and subsequent care. The High Court allowed the core claim to proceed, finding that limited expert evidence "just about met the threshold." At the same time, the court granted a Litigation Restriction Order (LRO), requiring the mother to get permission from the President of the High Court before starting any future proceedings on the same issues. We call this the Threshold-Plus-Restriction Test: recent Irish courts are willing to let a weak-but-arguable case proceed while putting strict limits on future litigation. For claimants, the message is clear. The quality of your expert evidence before issuing proceedings determines whether your case survives its first challenge.

Family members who suffered psychiatric injury after witnessing a loved one's deterioration face an additional hurdle. In Germaine v Day [2024] IEHC 420, a widow claimed nervous shock after watching her husband decline and die from lung cancer that a hospital had failed to diagnose. The defendant admitted the missed diagnosis, but the cancer was already incurable at the time of the error. The High Court dismissed the claim, holding that a gradual deterioration does NOT qualify as the "sudden shocking event" required under the Kelly v Hennessy test. Irish law remains unclear on whether doctors owe a general duty of care to patients' relatives, though the court left the door open for claims where a sudden, calamitous medical crisis is directly caused by negligence.

Practical lesson: Secure your full medical records through a GDPR Subject Access Request before instructing a solicitor. The strength of any claim depends on what the records show, not on what you recall. Between assessment and settlement, the quality of your independent expert report is typically the deciding factor.

How are new court rules changing medical negligence claims in Ireland?

Ireland's medical negligence litigation process is undergoing its most significant procedural reforms in decades. Three changes directly affect how recent and future cases are handled. First, Practice Directions HC131 and HC132 created a dedicated Clinical Negligence List in the High Court from 28 April 2025, requiring mandatory early expert exchange and judicial case management. Second, pre-action protocols for clinical negligence, legislated for in 2015 but never commenced, are now targeted for Q3 2026. Third, the Patient Safety Act 2023, commenced 26 September 2024, introduced mandatory open disclosure of 13 specified serious incidents with a criminal sanction for non-compliance.

Medical negligence reform timeline, 2015 to 2026 LSRA 2015 (PAPs) Patient Safety 2024 HC132 Apr 2025 PPOs returning PAPs targeted Q3 2026 Red = legislated but not commenced. Green/blue = live. Yellow/purple = pending.
Key reform milestones for Irish medical negligence claims, 2015 to 2026.

Clinical Negligence List (HC131 and HC132), effective 28 April 2025

The President of the High Court introduced two Practice Directions creating a dedicated Clinical Negligence List within the Dublin Personal Injuries List 1. Cases are now managed by judges with specific experience in medical litigation. Before a trial date can be assigned, both sides must exchange expert reports, provide witness schedules and quantify special damages. A Certificate of Compliance, signed by the solicitor, confirms these steps are complete. Parties must also confirm whether mediation has been offered. Sanctions apply for non-compliance.

The practical effect: the "trial by ambush" culture, where important evidence surfaced only at the last minute, is being dismantled. Claims that previously took five to seven years should resolve faster under active judicial management. For more on typical timelines, see how long a medical negligence claim takes in Ireland.

Pre-action protocols: legislated for in 2015, still not commenced

Section 219 of the Legal Services Regulation Act 2015 [7] provides the legal basis for pre-action protocols in clinical negligence. Over ten years later, the regulations have never been commenced. In May 2025, fourteen organisations, coordinated by the Medical Protection Society, wrote jointly to Government demanding action. The Government's Action Plan for Insurance Reform 2025 to 2029 includes pre-action protocols as a policy goal, with progress targeted by Q3 2026.

According to comparative data published in the Medical Protection Lawyers Association journal, 59.3% of clinical claims in Ireland settle before formal proceedings are issued. In England, where pre-action protocols have operated since the late 1990s, that figure is 74.7%. The difference translates directly into longer timelines and higher costs for Irish patients. SCA data from 2022 shows that 58% of all clinical claims were resolved without court proceedings, and 34% of those settled cases involved mediation. This leads to the question of whether mediation under the Mediation Act 2017 [11] can fill the gap until formal protocols arrive.

Patient Safety Act 2023 (commenced 26 September 2024)

The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 [8] introduced mandatory open disclosure of 13 specified serious incidents, including wrong-site surgery resulting in death and patient death from medication errors. Non-compliance carries a criminal sanction of up to €5,000. The Act applies to both public and private healthcare. The key notifiable incidents under Schedule 1 include: death following surgery on the wrong patient or wrong site, death from a retained foreign object after surgery, death of an otherwise healthy patient during elective surgery, death from a medication error, death from incompatible blood transfusion, unanticipated maternal death during pregnancy or within 42 days of delivery, unanticipated stillbirth or perinatal death, and a baby who requires therapeutic hypothermia. The Minister can add to this list by regulation 8.

If you received a formal disclosure under the Patient Safety Act 2023: The disclosure confirms a serious incident occurred. Apologies made under the Act are protected from use as evidence of admission in court proceedings, but the underlying facts remain available to support a claim.

If you believe a notifiable incident occurred but received no disclosure: The healthcare provider may have failed its statutory obligation. A solicitor can investigate whether the Act was breached and whether you have grounds for a compensation claim.

Periodic Payment Orders: returning after a 2019 pause

PPOs allow compensation to be paid in instalments over a lifetime rather than as a lump sum. They were paused in 2019 after the High Court ruled that the indexation rate (HICP) was inadequate. At the IHCA conference in October 2025, the SCA confirmed PPO reform was "coming within weeks," with a new indexation rate to be set by the Minister for Justice. For catastrophic injury cases, PPOs provide ongoing financial security that lump sums cannot match.

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Why do medical records decide cases in Ireland?

Contemporaneous medical records carry more weight than any other evidence in Irish medical negligence litigation. Tynan v Bon Secours [2025] confirmed this principle, but it is not isolated. In the English case Ebanks-Blake v Calder (applied by reference in Irish practice), the court placed virtually no reliance on the surgeon's witness statement, concentrating entirely on operative notes from the time of the procedure. Sections of the defendant's statement appeared to have been copied from their own expert's report, suggesting their memory had been shaped by later opinion rather than original recall.

For anyone considering a claim: request your complete hospital file, including imaging, nursing notes, consultant letters and discharge summaries, through a Data Protection Subject Access Request. These records form the foundation of your solicitor's assessment and your independent expert's opinion. The difference between assessment and acceptance often comes down to what the records contain and when the records were made. For the full process, see how to prove medical negligence in Ireland.

What should you do if you suspect medical negligence?

Recent settlements and court decisions in Ireland point to five practical steps for anyone who believes they received substandard medical care. The two most critical actions are obtaining your complete medical records through a GDPR Subject Access Request and consulting a solicitor before the two-year limitation deadline. Medical negligence claims do not go through the Injuries Resolution Board and proceed directly to the courts. The strength of an independent expert report confirming both breach of duty and causation determines whether a case can proceed.

1. Get your records early. Use a GDPR Subject Access Request to obtain your full hospital file. Records can take months to arrive, and delays eat into the two-year limitation period. For detail on time limits, see medical negligence time limits in Ireland.

2. Keep your own contemporaneous notes. Write down what happened, when, and who was involved. Courts give less weight to recollections made months or years later.

3. Understand that medical negligence claims do NOT go through the Injuries Resolution Board (IRB). Unlike most personal injury claims in Ireland, clinical negligence is exempt under section 3(d) of the Personal Injuries Assessment Board Act 2003 and proceeds directly through the courts.

4. The expert report is the claim. An independent medical expert must confirm that the care you received fell below the standard expected of a competent practitioner and that this failure caused your injury. Without a supportive expert opinion, the claim cannot proceed.

5. Talk to a solicitor before the two-year deadline. The Statute of Limitations (Amendment) Act 1991 [9] gives you two years from the date of injury or from the "date of knowledge" (the date you first became aware the injury was caused by negligence). For children, time runs from their 18th birthday. Unlike the three-year limitation period in England and Wales, the Irish deadline is shorter and strictly enforced.

Does your situation match a recent case pattern? Select the category that best describes what happened. This is general guidance only, not legal advice.

Common questions about recent medical negligence cases in Ireland

Does medical negligence go through the Injuries Resolution Board?

No. Clinical negligence claims are exempt under section 3(d) of the Personal Injuries Assessment Board Act 2003. They proceed directly through the courts, bypassing the IRB entirely.

Why it matters: Claimants do not need to wait for an IRB assessment before issuing proceedings.

What was the largest recent medical negligence settlement in Ireland?

The largest publicly reported settlement in 2024 to 2025 was €12 million for a catastrophic birth injury involving failure to monitor fetal distress 2. Multi-million euro awards in this range reflect lifetime care costs (special damages) rather than punitive measures. Awards vary case by case and are guided by the Personal Injuries Guidelines (2021) [10].

Worth knowing: The headline figure does not indicate what a typical claim is worth. Most settlements fall well below €1 million.

How long do medical negligence cases take in Ireland?

The average Irish clinical negligence claim takes 1,462 days (approximately four years) to resolve, 56% longer than in the UK (939 days), according to the Medical Protection Society 5. The new Clinical Negligence List (HC131/HC132), effective April 2025, is designed to shorten this through mandatory earlier expert exchange and active judicial management.

In practice: If the HSE concedes liability early, the timeline shortens by 12 to 18 months because the dispute shifts entirely to calculating damages.

Does the HSE apologise in medical negligence cases?

Yes, and increasingly so. Apologies featured in several 2024 and 2025 settlements, including the Nayyab Tariq maternal death case, the Aaron Sikorski button battery case and the Rebecca Collins stillbirth case. The Patient Safety Act 2023 now places open disclosure on a statutory footing, and apologies made under the Act are protected from use as evidence of admission in court proceedings 8.

Can a medical negligence claim fail even if there was a bad outcome?

Yes. A poor outcome does not automatically mean negligence occurred. Under the Dunne Principles (Dunne v National Maternity Hospital [1989]), you must prove that no equally qualified professional would have acted the same way. In the 2025 High Court decision Tynan v Bon Secours, the court dismissed the claim because the patient's account was contradicted by five members of the treating team and the contemporaneous medical records.

The key point: An independent expert report that confirms both breach and causation is essential before proceedings should be issued.

What is the time limit for a child's medical negligence claim?

For children, the two-year limitation period does not begin until the child turns 18, giving them until their 20th birthday to issue proceedings. For adults, the clock runs from the date of the incident or from the "date of knowledge" under the Statute of Limitations (Amendment) Act 1991 9.

Why are some settlements €200,000 and others €12 million?

The difference comes down to special damages, not pain and suffering. General damages for pain and suffering are capped by the Personal Injuries Guidelines (2021) 10. A €12 million birth injury award is mostly special damages: the lifetime cost of 24-hour care, adapted housing, therapy, equipment and lost earnings. A €220,000 award for a less severe injury reflects a shorter recovery period and lower ongoing care needs. The IRB statistics don't capture this distinction, which is why headline figures can be misleading.

How do I get my medical records to assess a potential claim?

Submit a Data Protection Subject Access Request directly to the hospital or GP practice. Under GDPR, they must respond within one month. Request the complete file: imaging, nursing notes, consultant letters, discharge summaries and any incident reports. What the timeline estimates don't account for: in practice, complex hospital files often take two to three months to arrive, so start this process early.

References

  1. Clinical Negligence List, Practice Direction HC132, Courts Service of Ireland (Apr 2025)
  2. Irish Times, SCA payout data (Mar 2025)
  3. IHCA press release on 2024 SCA data (Mar 2025)
  4. Irish Examiner, SCA four-year payout data (Apr 2025)
  5. Medical Independent, MPS report on claim duration and costs (May 2025)
  6. Interdepartmental Working Group Report, Dept of Health (Jul 2024)
  7. Legal Services Regulation Act 2015
  8. Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
  9. Statute of Limitations (Amendment) Act 1991
  10. Personal Injuries Guidelines, Judicial Council (2021)
  11. Mediation Act 2017
  12. Medical Council of Ireland
  13. HIQA Independent Review of Governance at CHI, Use of Non-CE Marked Springs (Apr 2025)
  14. Lessons learnt from a 2017 Irish national clinical claims review, BMJ Open Quality (Sep 2024)

Related guides: Medical negligence solicitors IrelandCompensation guideHow to prove medical negligenceDelayed diagnosis claimsSettlement vs trialMisdiagnosis claims

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.

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.

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