Hospital Negligence Claims in Ireland: What Actually Happens When You Claim
Author: Gary Matthews, Medical Negligence Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31–36 Ormond Quay Upper, Dublin D07 • 01 903 6408 •
Summary: If hospital care in Ireland falls below the standard expected of a reasonably competent team and you are injured as a result, you may have a hospital negligence claim. Most claims run against the Health Service Executive (HSE) or a private hospital through the State Claims Agency or medical defence insurers. Proving a case usually needs full medical records, an expert report and careful timing, because there is a strict two-year time limit for most adults.
Quick answers: In Ireland you usually have 2 years less one day from when you first knew your injury was due to negligent hospital care to start a claim. Claims against public hospitals are handled for the HSE by the State Claims Agency. Compensation is based on the Judicial Council’s Personal Injuries Guidelines 2021 plus your proven financial losses.
Important: This guide is for general information only. It is not medical advice and does not replace tailored legal advice about your own situation.
Contents
What is hospital negligence in Irish law?
Hospital negligence happens when a hospital, or its staff acting within the hospital system, breaches its duty of care to you and you suffer avoidable harm as a result. The court looks at what a reasonably competent team would have done in the same situation, not with hindsight but based on knowledge at the time.
In practice this can involve doctors, nurses, midwives, pharmacists, radiographers, healthcare assistants and the systems that support them. Poor triage, missing lab results, understaffing and equipment failures can all contribute to negligent care if they fall below accepted standards and cause injury.
Irish courts apply what is often called the Dunne test. That standard accepts that outcomes are not guaranteed, but expects care to match what a responsible group of specialists would consider proper. If nobody would defend what happened, or if clear safety rules were ignored, the court may find a breach.
| Element | What it means in a hospital case |
|---|---|
| Duty of care | Once you are assessed or admitted, the hospital and its staff owe you a duty to provide reasonable, competent care. |
| Breach of duty | What was done or not done falls below the standard accepted among responsible Irish clinicians in that specialty at that time. |
| Causation | The substandard care probably made a real difference to the outcome, for example by delaying treatment so your injury became worse. |
| Damage | You suffered physical, psychological or financial loss serious enough for the courts to award compensation. |
Hospital negligence vs general medical negligence
| Dimension | Hospital negligence | General medical negligence |
|---|---|---|
| Typical setting | Public or private hospitals, emergency departments, theatres, wards and ICU. | GP surgeries, clinics, dental practices and other non-hospital settings. |
| Usual defendants | HSE / hospital via State Claims Agency, plus consultants in some cases. | Individual GPs, dentists or other practitioners and their insurers. |
| Complexity | Often multi-clinician and systems-based; large records and multiple experts. | Usually fewer clinicians, narrower issues and smaller record sets. |
| Typical duration | Commonly 3–5 years from incident to resolution for complex cases. | Roughly 2–4 years for many smaller or simpler claims. |
| Examples | Surgical errors, birth injury, delayed diagnosis in A&E, sepsis mismanagement. | Missed cancer in primary care, wrong medication prescribed in GP or clinic. |
| Time limits | Two years less a day from date of knowledge for adults; special rules for children and fatal cases. | Same limitation rules apply; key is when you first link the outcome to negligence. |
Who do you sue for hospital negligence, the HSE or individual doctors?
In many Irish hospital cases you do not sue the individual junior doctor or nurse who treated you. Claims involving public hospitals are usually brought against the Health Service Executive, with the State Claims Agency managing the case under the Clinical Indemnity Scheme. For private hospitals, you may sue both the hospital and the consultant who had primary responsibility for your care.
Sometimes more than one defendant is involved. For example, a public hospital may face claims for nursing or system failures, while a private consultant is sued for decisions made in theatre. Sorting this out is part of early legal work, because naming the wrong defendant can cause delay.
Do I have a hospital negligence claim or was it just a bad outcome?
A poor outcome on its own is not enough for a claim. To have a hospital negligence case in Ireland, four things must normally be present: a recognised duty of care, a breach of that duty, harm that would probably not have happened without that breach, and losses such as pain, lost earnings or care needs.
Red flags that often justify a closer look include serious delays in diagnosis, operations on the wrong site, forgotten swabs, missed test results, clear medication errors, or repeated failures to respond to obvious deterioration. Even then, you still need expert medical evidence that the care fell below accepted standards.
Why early advice helps: A solicitor can review your story, timeline and available documents, then advise if it is worth investing in an expert medical report, which is often the largest upfront cost in a hospital negligence claim.
How long does a hospital negligence claim take in Ireland?
Hospital negligence claims can feel slow because several steps have to happen in order. You usually start by gathering records, then obtain an expert report, then issue legal proceedings in the High Court or Circuit Court. Most cases settle by negotiation, but only after both sides understand how strong the evidence is.
Recent State Claims Agency figures suggest that the majority of clinical claims settle without a full court hearing, but the total journey can still take 3–5 years from incident to resolution. Planned pre-action protocols for clinical claims are expected to speed up early stages by requiring earlier exchange of information.
What evidence do I need for a hospital negligence claim?
Strong hospital negligence cases usually start by strong evidence. That means full medical records from all hospitals and GPs involved, clear notes of what you were told and when, and independent expert opinions that explain in plain language what went wrong and how it caused your injury.
Under Irish and EU data protection rules you are entitled to copies of your own medical records. Requests are usually made under GDPR to the hospital’s data protection office. In some cases CCTV, incident reports, medication charts and lab logs also need to be preserved quickly before they are deleted or archived.
Hospital Negligence Evidence Checklist
Use this checklist to gather and protect key evidence. Evidence deteriorates with time, so act early.
📋 Section 1: Medical records (critical)
📝 Section 2: Your own notes and timeline
📷 Section 3: Photos and practical evidence
👥 Section 4: Witnesses and family support
💶 Section 5: Financial losses
⚠️ Time-sensitive actions:
- You usually have 2 years minus 1 day from date of knowledge to start a court claim.
- Medical records and CCTV can be lost or overwritten if not requested promptly.
- Witness memories fade quickly; written notes now are worth far more than recollections later.
✓ Once you have started this checklist:
- Ask a specialist medical negligence solicitor to review your evidence.
- Avoid posting details of your case on social media.
- Do not sign any settlement or waiver without independent legal advice.
Gary Matthews Solicitors • Medical Negligence
☎ 01 903 6408 • 3rd Floor, Ormond Building, Dublin D07
If you think records may be altered or lost, your solicitor can send an early preservation letter and, when needed, advise on requests under the Data Protection Commission guidance on medical records and CCTV.
How is hospital negligence compensation calculated in Ireland?
Irish courts split hospital negligence compensation into general damages and special damages. General damages cover pain, suffering and loss of enjoyment of life and must stay within the bands set out in the Judicial Council Personal Injuries Guidelines 2021. Special damages cover proven financial loss such as past and future earnings, treatment costs, aids, equipment and home adaptations.
For very serious injuries, such as birth injury with lifelong care needs, the court can also make Periodic Payment Orders so part of the award is paid yearly rather than as a single lump sum. This can provide more certainty over future care funding and reduce the risk of the money running out.
Any figures are guidance only. The court looks at your specific injuries, age, work history, care needs and prognosis before deciding the final award.
What are my rights after suspected hospital negligence?
As a patient in Ireland you have rights that sit alongside any legal claim. You are entitled to clear information about your care, to access your medical records, and to raise concerns through complaints systems and regulators. Where serious harm has occurred, newer open disclosure rules require certain incidents to be explained to you and recorded.
You can normally request your full medical records from the hospital and your GP, make a complaint under the HSE “Your Service, Your Say” process or directly to a private hospital, and report concerns to regulators such as the Medical Council, Nursing and Midwifery Board of Ireland or HIQA.
Using complaints or regulatory routes does not stop you bringing a legal claim, but it also does not extend the court time limit. You should still check your time position with a solicitor.
Complaints, regulators and legal claims: how they fit together
If you are unhappy with hospital care you may be looking at three different routes at once: a complaint to the hospital or HSE, a report to a regulator, and a possible legal claim for compensation. Each has a different purpose.
Hospital / HSE complaint: this is usually the quickest way to ask for an explanation, apology or local changes. Public hospitals use the HSE “Your Service, Your Say” process, and the Patient Advocacy Service can help you through it. It focuses on service improvement and communication rather than compensation.
Regulator report: if you are worried about an individual doctor, nurse or other professional, you can complain to their regulator. That might be the Medical Council, the Nursing and Midwifery Board of Ireland, or CORU for many allied health professionals. Regulators look at fitness to practise and public safety, not damages.
Legal negligence claim: this is the route for compensation. It focuses on proving duty, breach, causation and damage through expert evidence. It runs through the courts and is separate from any complaint or regulatory process.
You can use more than one route at the same time. For example, a family might make a complaint, attend an open disclosure meeting, report serious concerns to a regulator and also get legal advice about compensation.
Open disclosure after serious hospital incidents
Open disclosure is the process where healthcare staff tell you, in an honest and timely way, that a patient safety incident has occurred, explain what is known, and outline what happens next. Irish policy has encouraged open disclosure for some time, and the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 has strengthened that framework for certain serious incidents.
For notifiable events, there are duties to notify external bodies as well as to disclose to the patient or family. You may be invited to a meeting where senior staff explain what appears to have happened, answer questions where they can, and outline how the hospital plans to review the case.
Open disclosure is about honesty and safety, not about deciding fault or compensation. It does not remove your right to bring a legal claim if negligence is later identified. Many families find it helpful to take notes at these meetings and to seek legal advice afterwards, once they have had time to absorb the information.
Who can bring a hospital negligence claim?
The person who brings the claim is called the “plaintiff”. In a hospital negligence case this might be the patient themselves, a parent or guardian, or a family member acting on behalf of a deceased relative.
Adult patients with capacity: an adult who understands their situation will usually bring their own claim. They instruct the solicitor and make decisions about offers and settlement.
Children: where a child is injured, a parent or guardian acts as “next friend” and runs the case on the child’s behalf. Any settlement must be approved by the court and is normally held for the child until adulthood.
Patients lacking capacity: if a person cannot manage their own affairs because of injury or illness, a representative may be appointed to act for them in a claim, subject to court oversight.
Fatal claims: if a patient has died, a personal representative or eligible dependant can bring a wrongful death claim. That claim can cover funeral expenses, certain financial losses and a statutory payment for mental distress shared among close family.
How do claims differ between public and private hospitals?
For HSE public hospitals, claims fall under the Clinical Indemnity Scheme and are usually defended by the State Claims Agency. You normally issue proceedings against the HSE or the relevant hospital entity rather than individual staff. The process is shaped by State Claims Agency procedures and government policy on settling claims.
For private or voluntary hospitals, you may sue the hospital company, the treating consultant, or both. Their defence is usually managed by medical defence organisations or professional indemnity insurers. The practical steps are similar, but funding, settlement strategy and timelines can differ.
What are the time limits for hospital negligence claims?
Most adults have two years less one day from their “date of knowledge” to start a hospital negligence claim. Your date of knowledge is the point when you first knew, or reasonably should have known, that your injury was linked to substandard hospital care. This may be later than the treatment date where problems only emerge after further tests or another opinion.
For children, the clock normally does not start until their 18th birthday, giving a claim window up to their 20th birthday. For fatal cases, the usual limit is two years from the date of death or the date of knowledge of the cause of death. There are rare exceptions, but courts apply these rules strictly, so early advice is vital.
Hospital deaths, coroners and inquests
When a death in hospital is sudden, unexpected or raises concern, it may be reported to the Coroner. An inquest is then held to establish who the person was, when and where they died, and by what means. It is a fact-finding hearing rather than a trial of negligence.
The inquest can still matter for a civil claim. Evidence from doctors, nurses and experts may shed light on what happened and why. The Coroner may also make comments or recommendations around hospital systems or communication.
An inquest does not award compensation and does not decide legal liability. You can still bring a hospital negligence claim afterwards if there is supporting evidence. Many families find it helpful to have a solicitor assist with preparation, questioning and follow-up when an inquest is part of their story.
What does Irish data say about hospital negligence claims?
Public clinical claims data in Ireland is mainly published by the State Claims Agency. Its reports show thousands of active clinical claims at any time, with hospital negligence making up a large share by cost. Many involve delayed diagnosis, emergency department care, surgery and maternity services.
State Claims Agency Clinical Negligence Portfolio (Illustrative snapshot)
Portfolio-level figures showing the scale and pattern of Irish clinical claims.
Key points:
- Clinical negligence, including hospital care, makes up most of the SCA portfolio by volume and cost.
- Most cases settle without a full hearing, usually after expert reports are exchanged.
- Claims can run for several years, so early evidence gathering is important.
*Source: State Claims Agency NTMA Annual Report 2024. Clinical negligence claims comprise 37% of total claims by number but represent 81% of the total outstanding liability value.*
| Measure | Approximate value | What it means for you |
|---|---|---|
| Share of claims settling before court hearing | About 80%+ | Most hospital cases resolve through negotiation or settlement talks. |
| Typical duration of complex clinical claims | 3–5 years | Serious injury cases often need time for full medical assessment. |
| Most common hospital claim areas | A&E, surgery, maternity, infection | These areas involve high risk and heavy demand on staff and systems. |
Always treat these figures as general background, not as prediction of your own outcome. Every claim depends on its own facts, injuries and evidence.
What do hospital negligence scenarios look like in real life?
Every case is different, but seeing realistic examples can help you decide whether to ask for advice. The following scenarios are simplified to protect privacy yet reflect common patterns seen in Irish hospital negligence claims.
A middle-aged patient attends a busy emergency department with chest pain. They are triaged as low priority and wait many hours. No ECG is done. They suffer a major heart attack at home later that night, leaving permanent damage.
Outcome: Records and expert cardiology evidence show that timely checks would probably have led to earlier treatment and less damage. A claim settles for pain, reduced life expectancy and lost earnings.
A patient has abdominal surgery. In the months after discharge they develop severe pain and infection. Imaging later reveals a surgical swab left inside. Further surgery is needed to remove it, leaving a longer recovery and additional scarring.
Outcome: This kind of systems failure is often difficult for a hospital to defend. The claim focuses on extra surgery, suffering and time off work, guided by the Personal Injuries Guidelines.
During labour, repeated CTG traces show signs of fetal distress. There is a delay in escalating to a consultant and arranging an emergency caesarean section. The baby is born with signs of oxygen deprivation and later diagnosed with cerebral palsy.
Outcome: Expert obstetric and paediatric evidence is obtained. If negligence and causation are proven, the case may involve very high, carefully structured compensation for lifelong care and support.
How specialist hospital negligence solicitors handle these claims
Hospital negligence claims are complex. They sit at the point where medicine, hospital systems and law meet. Our work is to make that complexity manageable for you by taking on the evidence gathering, expert contact and dealings with the State Claims Agency or insurers, while keeping you informed in plain language.
Typical steps include a detailed first meeting, obtaining and reviewing your records, taking a clear witness statement, approaching specialist medical experts, and drafting court documents once expert support is in place. Through the claim we explain what is happening and why, including long gaps when we are waiting for expert reports or responses from the other side.
We will always explain likely costs before work begins and keep you updated as the case progresses. Fee arrangements in medical negligence claims must follow Irish law and Law Society guidance.
Legal costs notice: In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Where can I read more from official sources?
State Claims Agency – Clinical claims overview
Judicial Council – Personal Injuries Guidelines 2021 (PDF)
Citizens Information – Medical negligence
Related topics you may want to explore next
Wikipedia – Medical malpractice (general background)
Medical Council – Guide to Professional Conduct and Ethics (PDF)
Nursing and Midwifery Board of Ireland – Standards & guidance
External links are for general background. They are not endorsements and cannot replace advice tailored to your specific circumstances.
Common questions about hospital negligence claims in Ireland
What counts as hospital negligence in Ireland?
Hospital negligence means care that falls below the standard a reasonably competent team would provide and which causes avoidable injury. The court applies the Dunne test using expert medical evidence.
- There must be a recognised duty of care.
- That duty must be breached by substandard care.
- The breach must probably have caused your injury.
Why it matters: Understanding this test helps you see the difference between a known risk and truly negligent treatment.
Next step: Read Citizens Information’s overview of medical negligence and the Judicial Council Guidelines to see how courts approach these claims.
Can I sue a public hospital or the HSE for negligence?
Yes. Claims involving public hospitals are usually brought against the HSE or the relevant hospital, with the State Claims Agency defending under the Clinical Indemnity Scheme. Staff are normally covered by that scheme.
- You do not usually sue individual nurses or junior doctors.
- The State Claims Agency manages investigation and settlement.
- Proceedings are generally issued in the High Court or Circuit Court.
Why it matters: Knowing who is legally responsible helps make sure your claim is issued against the correct defendant in time.
Next step: See the State Claims Agency clinical claims information at stateclaims.ie and general guidance on personal injuries from Citizens Information.
How long do I have to bring a hospital negligence claim?
Most adults have two years less one day from their date of knowledge that negligence caused an injury. Different rules apply for children and for fatal claims.
- “Date of knowledge” can be later than the treatment date.
- Children’s time limit usually runs from their 18th birthday.
- Fatal cases often run from the date of death or knowledge of cause.
Why it matters: Missing the limitation period can leave a claim permanently statute-barred, no matter how strong the evidence is.
Next step: Check the limitation rules on Citizens Information and read relevant sections of the Statute of Limitations Act 1991.
How much compensation can I get for hospital negligence?
Your compensation depends on injury severity, impact on daily life and your financial losses. Courts use the Personal Injuries Guidelines, then add proven expenses, earnings loss and care costs.
- General damages follow guideline bands for pain and suffering.
- Special damages cover treatment, care and income loss.
- Very serious injuries may involve lifelong care calculations.
Why it matters: Realistic expectations help you weigh early offers and decide whether to settle or continue.
Next step: Review the Judicial Council Guidelines and background from Citizens Information on how Irish awards are assessed.
Do I need a medical expert report for a hospital negligence case?
Almost always yes. Irish courts expect an independent medical expert to explain how care fell below accepted standards and how that caused your injury.
- Experts are usually consultants in the same specialty as the defendant.
- The report should address duty, breach, causation and damage.
- Reports must be independent, not just supportive of your view.
Why it matters: Without supportive expert evidence, most hospital claims cannot succeed, regardless of how badly you feel you were treated.
Next step: Read general guidance on expert evidence on courts.ie and consider Medical Council ethics guidance at medicalcouncil.ie about medico-legal work.
What should I do now to preserve evidence?
Write down what happened while it is fresh, request your medical records, and keep copies of letters, test results, photos and messages. If you think CCTV or electronic logs exist, early written requests can help preserve them.
- Keep a simple timeline of symptoms, appointments and conversations.
- Store all letters, discharge summaries and test reports together.
- Record how your injury affects work, home life and hobbies.
Why it matters: Small details often make the difference when experts and judges reconstruct events years later.
Next step: Check the Data Protection Commission’s guidance on records and CCTV at dataprotection.ie and HSE record access info at hse.ie.
Will my hospital negligence claim go to court?
Many hospital negligence claims settle before a full trial, often after medical reports are exchanged and settlement talks or mediation take place. A minority proceed to a full hearing where a judge decides both liability and compensation.
- Most clinical claims resolve through negotiation or mediation.
- Court proceedings may still need to be issued to protect time limits.
- Settlement can occur at any point up to and even during a hearing.
Why it matters: Knowing that trial is not automatic can lower anxiety about starting a claim.
Next step: Browse the Courts Service information at courts.ie and general personal injuries guidance on Citizens Information.
How much will it cost to bring a hospital negligence claim?
Costs vary with case complexity, number of experts and length of hearings. Your solicitor must explain likely costs, when you might be responsible for your own fees and when you might have to pay some of the other side’s costs if a case is lost.
- Medical expert reports can be a major early expense.
- Some costs may be recovered from the defendant if you win.
- Fee arrangements must comply with Irish legal regulation.
Why it matters: Clear cost information helps you make informed decisions about starting, continuing or settling a claim.
Next step: Read the Legal Services Regulatory Authority guidance at lsra.ie and Law Society client care information on lawsociety.ie.
Footnotes
1. State Claims Agency clinical claims figures are drawn from recent NTMA and SCA annual reports and business updates. They give portfolio-level trends only and do not predict outcomes in individual cases.
2. Hospital negligence time limits are mainly set out in the Statute of Limitations Act 1991 and related Irish case law, with special rules for children and fatal claims.
3. Injury valuation bands come from the Judicial Council Personal Injuries Guidelines 2021, which courts must follow when assessing general damages for pain and suffering.
4. Open disclosure duties in healthcare are supported by national HSE policy and, for certain serious incidents, by the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023.
About the author
Gary Matthews is a solicitor based in Dublin focusing on personal injury and medical negligence claims. He holds a practising certificate from the Law Society of Ireland (PC No. S8178) and has many years’ experience helping injured patients and families understand their options after serious hospital care failures.
This guide is for general information only. It does not create a solicitor–client relationship and is not a substitute for detailed legal or medical advice on your specific situation.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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
