How to Choose the Right Medical Negligence Solicitor in Ireland (And Avoid Costly Mistakes)
Author: Gary Matthews, Principal Solicitor – Law Society of Ireland PC No. S8178
Reviewed by Gary Matthews, Solicitor with over 30 years in medical negligence litigation
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.
How to choose a medical negligence solicitor: Evaluate any solicitor using seven factors: caseload (20-40 active cases), team continuity (named contact), expert network (specialists in your injury type), settlement record (97% settle before trial), communication protocol (response times), fee clarity (written estimate), and conflict screening (no HSE defendant work). Score each 1-5; total 28+ indicates a strong candidate.
Summary: The wrong medical negligence solicitor can cost you over €22,000 in excess legal fees and add 523 days to your case. According to the Medical Protection Society Ireland (2024), Irish claims take an average of 1,462 days versus 939 days in the UK. Use this 7-factor assessment framework to evaluate any solicitor before you instruct them. There is no official "medical negligence specialist" accreditation in Ireland, so checking credentials yourself is the only protection you have.
Answer card: Use the 7-factor framework: caseload, team continuity, expert network, settlement record, communication, fees, and conflict screening. Verify credentials via the Law Society register. Red flags include outcome guarantees and pressure to sign immediately.
Quick Answers
Contents
Why this decision matters more than the strength of your case
Your choice of solicitor affects your outcome more than you might expect. According to the Medical Protection Society Ireland (2024), the average clinical negligence claim in Ireland takes 1,462 days to resolve and costs €34,646 in legal fees [3]. In the UK, the same process takes 939 days and costs €11,911. That gap of 523 days and €22,735 is not random. It reflects how each solicitor manages the process, gathers evidence, instructs experts, and negotiates with the State Claims Agency.
According to the State Claims Agency Annual Report (2024), there are currently 10,968 pending clinical negligence cases in Ireland with a total State liability of €5.35 billion [4]. The SCA defends claims aggressively. A solicitor who cannot match that level of preparation will leave money and time on the table. This page gives you the tools to tell the difference before you commit.
The 7-factor solicitor assessment framework
Every medical negligence firm in Ireland claims to be "experienced" and "compassionate." These words tell you nothing. The seven factors below give you specific, verifiable questions to ask any solicitor you are considering.
Factor 1: Caseload transparency
Ask directly: "How many active medical negligence cases are you and your team handling right now?" With 10,968 pending cases nationally and roughly 200 solicitors practising in this area, the average specialist carries over 50 active files. In our experience handling these cases, a solicitor managing 60 or more cases at once will struggle to give yours proper attention. An acceptable range is 20 to 40 active cases per solicitor. If they refuse to answer, treat that as a red flag.
Factor 2: Team continuity
Find out who will actually work on your case day-to-day. In many firms, the senior partner you meet at the first consultation hands your file to a junior solicitor or paralegal. Ask: "Will I deal with the same solicitor throughout?" and "Who instructs the medical experts?" You want a named solicitor who stays with your case from first meeting to resolution.
Factor 3: Expert witness network
Medical negligence cases turn on expert evidence. A solicitor with an established network of medical experts in your specific injury area (obstetrics, orthopaedics, neurology, oncology) can get reports faster and from more credible specialists. Ask: "Which medical experts have you instructed in cases like mine?" If the answer is vague or they rely on a single generalist, think carefully.
Many Irish solicitors now instruct UK-based or international experts to ensure an unbiased review. This addresses a common concern among claimants: that Irish doctors may be reluctant to testify against colleagues. A solicitor with connections to specialists in London, Edinburgh, or Manchester teaching hospitals can often provide a more objective assessment of whether your care fell below acceptable standards.
Factor 4: Settlement and trial record
According to Philip Fagan, Senior Clinical Claims Manager at the State Claims Agency, speaking at the IHCA conference in October 2025, approximately 97% of clinical negligence claims in Ireland settle before trial [4]. But how a solicitor settles matters as much as whether they settle. According to the State Claims Agency Annual Report (2024), 43% of clinical negligence claims where damages were paid involved mediation in 2024, up from 32% in 2022 [4]. Ask your solicitor: "What percentage of your cases settle, and at what stage?" and "What proportion settle via mediation?" A solicitor who settles too early might leave compensation on the table. One who never settles might be running up costs. You want someone who can explain their approach clearly and who is comfortable with mediation when appropriate.
Factor 5: Communication protocol
Medical negligence cases can take years. Ask about response times: "If I email you, how quickly will I hear back?" and "How often will you update me even if nothing has changed?" We often see clients who have been left in the dark by previous solicitors for months at a time. Weekly or fortnightly updates should be a minimum. If a firm cannot commit to a communication schedule, your case will likely stall without you knowing why.
Factor 6: Fee structure clarity
Request a written estimate that includes solicitor fees, counsel fees, medical expert report costs (typically €1,500 to €5,000 per report depending on specialty), and any other disbursements. In Ireland, the standard arrangement for medical negligence is "no win, no fee" but that does not mean no cost if you lose. Ask: "What am I liable for if the case does not succeed?" and get the answer in writing before you sign anything.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Factor 7: Conflict screening
Your solicitor must confirm they have no conflict of interest. This means they do not act for the hospital, the HSE, or any medical professional involved in your care. Ask the question directly. A firm that acts for both plaintiffs and defendants in medical negligence raises a serious structural concern.
Which firm size suits your case?
Medical negligence solicitors range from sole practitioners to large commercial firms. Each structure has trade-offs. The right choice depends on your case complexity and communication preferences.
| Firm type | Advantages | Disadvantages | Best suited for |
|---|---|---|---|
| Sole practitioner | Direct access to decision-maker; personal relationship; often lower overheads | Limited backup if solicitor is ill or on leave; may lack resources for complex multi-defendant cases | Straightforward liability cases; clients who value direct contact |
| Boutique specialist (2-10 solicitors) | Focused expertise; team backup; senior solicitor usually involved throughout | Smaller expert network than large firms; may lack resources for catastrophic injury cases requiring €5m+ claims management | Most medical negligence cases; clients who want specialist focus without large-firm bureaucracy |
| Large commercial firm | Deep resources; extensive expert networks; capacity for complex multi-party litigation | Your case may be delegated to junior solicitors; higher overheads can mean pressure to settle; you may be a small fish | Catastrophic injury claims; cases against multiple defendants; claims involving international elements |
How to verify solicitor credentials in Ireland
There is no shortcut here. Ireland does not have a specialist accreditation scheme for medical negligence solicitors, unlike England where the Law Society maintains a clinical negligence panel. Every solicitor who advertises medical negligence services holds the same general practising certificate.
Law Society register (baseline check)
Confirm the solicitor holds a current practising certificate through the Law Society's online register [2]. This is a minimum requirement, not a quality indicator. You can also check the Legal Services Regulatory Authority (LSRA) for any public determinations against solicitors, though serious sanctions are rare.
AvMA membership (specialist signal)
Action against Medical Accidents (AvMA) [4] is a UK-based charity that maintains a referral panel for clinical negligence solicitors. Fewer than 15% of Irish firms advertising medical negligence services hold AvMA membership. It is not proof of quality, but it does indicate a commitment to this area of practice beyond the minimum.
Irish Law Awards (verify year and category)
Many firms claim to be "award-winning" without specifying which award, when, or in what category. The Irish Law Awards [5] gives one "Medical Negligence Team of the Year" award annually. Check the actual year and category. An award from 2019 may not reflect the current team. Multiple firms claiming the same generic title cannot all be telling the complete story.
What "specialist" actually means
In Ireland, any solicitor can describe their practice as "specialist" in medical negligence. The Law Society of Ireland [2] does not operate a specialist accreditation panel for this area. The term has no regulated meaning. When a firm calls itself a "specialist medical negligence practice," ask what they mean by it: how many years, how many cases, what percentage of their work is medical negligence, and what professional memberships support the claim.
Understanding the Dunne test for negligence
Irish medical negligence claims are governed by the Dunne test, established in Dunne v National Maternity Hospital (1989). To succeed, your solicitor must prove that no medical practitioner of like specialisation and skill, exercising reasonable care, would have acted as the defendant did. This is a higher bar than showing the treatment was suboptimal. A solicitor who understands the Dunne principles will know exactly what expert evidence is needed and how to frame your case for the Irish courts.
What most guides miss about choosing a solicitor
Generic advice tells you to "choose an experienced solicitor" or "check reviews." That is not wrong, but it leaves out the details that actually matter. Here are the gaps other guides do not address.
The "closed shop" expert problem
Irish doctors are often reluctant to testify against colleagues. If your solicitor relies only on Irish experts, you may get a cautious report that understates the negligence. Ask whether they instruct UK or international experts when needed. The best firms have established relationships with consultants in London teaching hospitals who will give an objective opinion.
The State Claims Agency is not a normal defendant
If your claim is against a public hospital, the HSE, or a State-employed doctor, the State Claims Agency will defend it. The SCA has a €5.35 billion liability book, dedicated in-house lawyers, and its own medical experts. Tactics that work against private insurers may not work against a State body with unlimited legal resources. Your solicitor needs SCA-specific experience.
The difference between "no win no fee" and "no cost"
Every firm advertises "no win no fee" but few explain what happens if you lose. A common issue we encounter is clients who signed with firms that never explained the disbursement risk. You may still be liable for medical expert report fees (typically €1,500 to €5,000 each), barrister fees, and other disbursements. A careful solicitor will explain these risks in writing before you sign. If they avoid the question, they may be hiding the downside.
Scenario: What if your case has merit but the defendant is bankrupt?
If your treatment was in a private clinic or by a sole practitioner who is now insolvent, your compensation may be limited to whatever professional indemnity insurance they held. Ask your solicitor how they handle cases where the defendant cannot pay. Some claims are not worth pursuing regardless of fault.
Scenario: What if you discover the negligence years later?
The two-year limitation period does not always start from the date of treatment. It can start from your "date of knowledge" under the Civil Liability and Courts Act 2004. If you only discovered the negligence recently, you may still have time. But you will need a solicitor who can argue the date-of-knowledge exception convincingly.
Scenario: What if the hospital blames another provider?
In complex cases, multiple defendants may point fingers at each other. Your solicitor must be prepared to join all potential defendants early and manage parallel proceedings. A solicitor who names only one defendant and misses the real wrongdoer may leave you without a remedy.
Scenario: What if you are offered a quick settlement?
Early offers are sometimes genuine attempts to resolve a clear-cut case. More often, they are attempts to settle cheaply before you understand the full value of your claim. A good solicitor will tell you to wait until your injuries have stabilised and the prognosis is clear. Accepting too early can cost you tens of thousands of euros.
Red flags during the first consultation
Watch for these seven warning signs at your first meeting. Any single one should prompt serious caution.
| Red flag | What it means | Green flag alternative |
|---|---|---|
| Guarantees a specific outcome or compensation figure | Breach of Solicitors Advertising Regulations 2019 [6]. No honest solicitor can guarantee results. | Explains the process, likely timeline, and range of possible outcomes |
| Pressures you to sign a retainer immediately | You need time to compare. A confident solicitor does not need same-day commitment. | Gives you written terms and says "Take a few days to decide" |
| Cannot name the medical experts they would instruct | May lack an expert network in your injury area | Names specific consultants with relevant experience |
| Vague about who handles your case day-to-day | Your file may be passed to junior staff without warning | Introduces the team member who will manage your case |
| Will not disclose their active caseload | May be overloaded and unable to give proper attention | Tells you their current case numbers openly |
| Claims "decades of experience" but cannot cite recent cases | Experience claims without recent evidence may be outdated | Describes recent comparable cases (without breaching client confidentiality) |
| Dismisses your questions or seems impatient | Poor communication now predicts poor communication later | Answers every question fully and encourages you to ask more |
Preparing for your first consultation
A first consultation typically lasts 30 to 60 minutes. Treat it as a two-way interview. You are assessing the solicitor as much as they are assessing your case.
How many solicitors should you meet?
Meet two or three solicitors before making your decision. One consultation is not enough to calibrate what good looks like. Three gives you a basis for comparison without wasting time. Most medical negligence solicitors offer free initial consultations, so the only cost is your time. If a solicitor pressures you to sign immediately, that pressure is itself a red flag. The right solicitor will encourage you to compare.
What to bring
Prepare a written timeline of events: when symptoms started, which healthcare providers you saw, what treatment you received, and when you first suspected something went wrong. Bring any medical records you already have, referral letters, and discharge summaries. If your GP has written to a consultant about your care, bring that letter. Having documents organised saves time and shows the solicitor whether your case has clear facts to work with.
20 essential questions to ask
Use these questions to evaluate the solicitor against the 7-factor framework. Do not feel rushed. A good solicitor expects these questions and welcomes them.
| Factor | Questions to ask |
|---|---|
| Caseload | How many active medical negligence cases do you handle? How many are in my injury category? |
| Team | Who will handle my case day-to-day? Will I always deal with the same person? Who instructs the medical experts? |
| Experts | Which medical experts would you instruct for a case like mine? How long does it typically take to get an expert report? |
| Track record | What percentage of your cases settle before trial? What proportion settle via mediation? At what stage do most settle? Have you taken cases like mine to trial? |
| Communication | How often will you update me? What is your response time for emails and calls? Can I contact you directly? |
| Fees | Can you give me a written estimate of total costs? What am I liable for if the case fails? Are medical expert reports included in "no win, no fee"? |
| Conflicts | Do you act for any hospitals, the HSE, or medical professionals in other cases? Can you confirm no conflict of interest? |
How to evaluate the answers
Score each factor from 1 to 5 based on the clarity and specificity of the answer. A solicitor who scores below 3 on caseload transparency, team continuity, or conflict screening should be ruled out. Total scores above 28 out of 35 indicate a strong candidate. Meet at least two solicitors before deciding. The free consultation exists precisely so you can compare.
Red flags in the retainer agreement
Before you sign, read the retainer letter carefully. This document governs your relationship with the solicitor for the next two to five years. Look for these warning signs:
- No written fee estimate. The retainer should include an estimate of solicitor fees, counsel fees, and likely disbursements. A vague "to be confirmed" is not acceptable.
- Unclear disbursement liability. The agreement must state who pays for medical expert reports, court fees, and other costs if the case fails. If this is missing, ask before you sign.
- Percentage-based success fee. In Ireland, solicitors cannot charge fees as a percentage of your award under Solicitors Regulations [6]. Any retainer suggesting otherwise is non-compliant.
- Automatic assignment clause. Some retainers allow the firm to transfer your case to another solicitor without your consent. You should have the right to approve any change in who handles your case.
- Termination penalties. You have the right to change solicitor at any time. A retainer that imposes punitive fees for early termination beyond reasonable costs for work done is a red flag.
- No communication commitments. The retainer should specify how often you will receive updates and the expected response time for your queries. If it does not, add this before signing.
What if you choose wrong? Switching solicitor mid-case
You can change solicitor at any point. This is your legal right. It happens more often than firms admit, and the process is straightforward if you follow three rules.
When switching is justified: Your solicitor has stopped responding to messages. Your case has not progressed in months without explanation. You have lost confidence in their approach. These are all valid reasons. You do not need to justify your decision to your current solicitor.
How to do it: Instruct your new solicitor first. They will write to your current solicitor requesting the case file. Do not tell your current firm until the new one is confirmed. The file transfer usually takes two to four weeks. Your new solicitor should handle everything.
Cost implications: You may owe your current solicitor for work already completed. This is typically deducted from any eventual settlement, not paid upfront. Ask your new solicitor to explain the likely costs before you commit.
Critical timing: The two-year limitation period under the Civil Liability and Courts Act 2004 [7] continues to run while you switch. Do not leave a gap between firms. The best time to switch is before medical expert reports are commissioned, as this avoids duplication costs.
How 2026 pre-action protocols will change your solicitor choice
Ireland is expected to introduce pre-action protocols for clinical negligence by Q3 2026, under the Legal Services Regulation Act 2015, Part 15 [8]. The Government's Action Plan for Insurance Reform 2025–2029 [9] confirmed this target in July 2025.
Once in force, these protocols will require early information sharing between parties before court proceedings begin. Medical records must be disclosed within a set timeframe (the England and Wales model uses 40 days). A detailed letter of claim must be sent, and defendants will have approximately four months to respond. Alternative dispute resolution must be considered.
This matters for your solicitor choice now, because solicitors who already work transparently and share information early will adapt easily. Those who rely on delay and ambush tactics will struggle. Ask prospective solicitors: "How are you preparing for pre-action protocols?" Their answer tells you whether they are forward-thinking or resistant to the changes coming.
Practice Direction HC132: The new Clinical Negligence List (2025)
In April 2025, the President of the High Court introduced Practice Direction HC132, creating a dedicated Clinical Negligence List. This ends the previous system where clinical negligence cases were mixed with general personal injury matters and brings specific procedural requirements.
Under HC132, solicitors must file a Certificate of Compliance confirming they have complied with all pre-action requirements. Cases must include a Mediation Undertaking demonstrating that alternative dispute resolution has been considered. These requirements mean your solicitor needs familiarity with the new procedures or your case may face delays.
Ask prospective solicitors: "Have you appeared in the High Court Clinical Negligence List under HC132?" A solicitor who has handled cases under the new system will navigate it more confidently than one learning as they go.
How the Patient Safety Act 2023 affects evidence in your case
The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 [10] commenced on 26 September 2024. It requires healthcare providers to hold mandatory open disclosure meetings when one of 13 notifiable incidents occurs. These include incidents where a patient died, suffered serious harm during surgery, or was harmed by a medication error.
The critical detail: information shared during open disclosure meetings and any apologies made cannot be used as evidence of liability in legal proceedings (Section 10). Your solicitor must understand this protection and know how to build your case from independent evidence rather than relying on what was said during disclosure.
Healthcare providers must also notify HIQA [11] or the relevant regulator within seven days through the National Incident Management System (NIMS). A solicitor who knows how to request NIMS records and cross-reference them with your medical notes adds a layer of investigation that most firms do not offer.
What case law should you know?
Irish medical negligence law has been shaped by several landmark judgments. A solicitor who understands these cases will frame your claim more effectively.
Dunne v National Maternity Hospital [1989] ILRM 735
Holding: The Supreme Court established the test for medical negligence in Ireland: the plaintiff must prove that no medical practitioner of like specialisation and skill, exercising reasonable care, would have acted as the defendant did.
Why it matters: This remains the governing standard. Your solicitor must understand that proving suboptimal treatment is not enough. They must show the care fell below what any competent specialist would provide. Courts Service of Ireland
Fitzpatrick v FK [2008] IEHC 104
Holding: The High Court confirmed that the date of knowledge for limitation purposes runs from when the plaintiff knew or ought reasonably to have known that they suffered a significant injury caused by negligence.
Why it matters: If you only discovered the negligence years after treatment, this case supports extending the limitation period. A solicitor who can argue the date-of-knowledge exception may save an otherwise time-barred claim. Courts Service Judgments
Next steps: making your decision
Book free consultations with at least two or three solicitors. Use the 7-factor framework and scoring system above to compare them objectively. Verify credentials independently through the Law Society register and check any award claims against the actual Irish Law Awards records. Download the consultation preparation checklist below and bring it with you.
Your solicitor choice shapes every stage of what may be a four-year process. Spending three to five weeks choosing carefully is an investment, not a delay.
If you would like to discuss your case with Gary Matthews Solicitors, call 01 903 6408 for a free initial consultation. We are happy to answer the 7-factor questions above and explain our approach before you decide.
Free templates and checklists
7-Factor Solicitor Assessment Scorecard (PDF)
Key facts: medical negligence claims in Ireland (2024–2026)
State Claims Agency 2024: €210.5 million paid out in clinical negligence claims. 10,968 cases pending. €5.35 billion total estimated liability. Source: State Claims Agency Annual Report, 2024.
Average timeline: 1,462 days from claim to resolution in Ireland. UK equivalent: 939 days. Source: Medical Protection Society Ireland, 2024.
Settlement rate: Approximately 97% of clinical negligence claims in Ireland settle before trial. Source: Philip Fagan, Senior Clinical Claims Manager, State Claims Agency, speaking at IHCA conference, October 2025.
Patient Safety Act 2023: Commenced 26 September 2024. Mandatory open disclosure for 13 notifiable incidents. Source: Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023.
Common Questions
Is there an official "medical negligence specialist" accreditation in Ireland?
No. The Law Society of Ireland does not operate a specialist accreditation panel for medical negligence. Any solicitor with a practising certificate can describe their practice as "specialist."
- Check the Law Society register [2] for a current practising certificate.
- Look for AvMA membership as a voluntary quality signal.
- Verify Irish Law Awards claims against actual records [5].
Why it matters: Without formal accreditation, the burden of verification falls entirely on you. Firms that call themselves "specialists" may dedicate as little as 10% of their practice to medical negligence.
Next step: Use our Credential Verification Guide to check any solicitor's claims independently.
How much does a medical negligence solicitor cost in Ireland?
Most work on a "no win, no fee" basis, but that does not mean zero cost if you lose. You may still be liable for medical expert report fees (€1,500–€5,000 per report) and other disbursements.
- Request a written cost estimate before signing a retainer.
- Ask what "no win, no fee" specifically covers and excludes.
- MPS 2024 data shows average Irish legal costs of €34,646 per claim. MPS [1]
Why it matters: Unexpected costs mid-case can force you to accept a lower settlement or abandon the claim. Clarity at the start prevents surprises later. Compensation amounts in Ireland follow the Judicial Council Personal Injuries Guidelines, but every case turns on its specific facts.
Next step: Ask each solicitor for a written estimate at the free consultation and compare them side by side.
How long does a medical negligence claim take in Ireland?
On average, just over four years (1,462 days). This is 56% longer than the UK average. Complex cases involving catastrophic brain injuries or fatal outcomes can take longer.
- Simple liability cases with clear evidence: 18–30 months.
- Contested liability with multiple experts: 3–5 years.
- Cases involving minors: may be held until the child turns 18.
Why it matters: A solicitor who manages cases well can bring your timeline closer to the UK average than the Irish one. Ask about their average case duration. Remember the two-year limitation period runs from the accident or from your "date of knowledge" (when you first knew, or should have known, that you suffered injury caused by negligence). Some patients only discover the negligence years later.
Next step: Ask prospective solicitors what their average resolution time is for cases comparable to yours.
Can I change medical negligence solicitor mid-case?
Yes, at any time. Instruct your new solicitor first. They will request the file from your current firm. The transfer typically takes two to four weeks.
- You may owe your current solicitor for completed work.
- The limitation period keeps running during the switch.
- Best timing: before expert reports are commissioned to avoid duplication.
Why it matters: Staying with the wrong solicitor out of inertia can damage your case. Switching is routine and your right.
Next step: If you are considering switching, book a free consultation with us to discuss your options: 01 903 6408.
What are pre-action protocols and why do they matter for my solicitor choice?
Pre-action protocols are rules requiring both sides to share information before going to court. Ireland expects to introduce them for clinical negligence by Q3 2026 under the Legal Services Regulation Act 2015 [8].
- Solicitors must send detailed letters of claim with supporting evidence.
- Defendants will have a set period (likely 4 months) to respond.
- Alternative dispute resolution must be considered.
Why it matters: Solicitors who already work transparently will adapt quickly. Those who rely on delay tactics will struggle under the new system. Choose a forward-thinking firm now.
Next step: Ask each solicitor how they are preparing for pre-action protocols.
Does the Patient Safety Act 2023 affect my negligence claim?
Yes. Since 26 September 2024, healthcare providers must disclose notifiable incidents. However, what they say during open disclosure cannot be used as evidence in your legal case (Section 10).
- 13 categories of notifiable incidents must be reported to HIQA [11] within 7 days.
- Apologies during disclosure are protected from admission of liability.
- Your solicitor must build the case from independent evidence. Act text [10]
Why it matters: A solicitor unfamiliar with these protections might waste time pursuing disclosure records that are inadmissible, or miss the independent evidence that actually builds your case.
Next step: Ask your prospective solicitor how the Patient Safety Act 2023 affects their evidence-gathering strategy.
What is the State Claims Agency and why does it matter?
The State Claims Agency (SCA) manages and defends clinical negligence claims against public hospitals and the HSE. With €5.35 billion in estimated liability and a dedicated clinical claims team, the SCA is a well-resourced opponent. This includes claims against Dublin's major public hospitals: the Mater, Beaumont, St James's, Tallaght, the Rotunda, the Coombe, and Holles Street.
- In 2024, the SCA paid out €210.5 million in clinical negligence claims. SCA report [3]
- Catastrophic brain injury cases account for over 50% of total liability.
- The SCA employs its own legal and medical experts.
- In fatal cases, a Coroner's Inquest often occurs before or alongside the civil claim. Your solicitor should have experience representing families at inquests, as the findings can influence liability.
Why it matters: Your solicitor must have experience negotiating with the SCA specifically. Tactics that work against private insurers may not work against a State body with unlimited legal resources. Note: making a complaint to the Medical Council of Ireland is a separate disciplinary process and does not result in compensation, though its findings can sometimes support your civil claim.
Next step: Ask prospective solicitors how many SCA-defended cases they have handled in the past three years.
What questions should I ask at a free consultation?
Focus on the 7-factor framework: caseload, team continuity, expert network, settlement record, communication, fees, and conflict screening. These specific questions reveal more than generic conversations about "experience."
- "How many active medical negligence cases are you handling right now?"
- "Who will handle my case day-to-day and who instructs the experts?"
- "Can you give me a written estimate of total costs including disbursements?"
Why it matters: The free consultation is your only chance to evaluate the solicitor before committing. Generic questions get generic answers. Specific questions reveal real capability.
Next step: Download the 20-Question Checklist and bring it to every consultation.
Should I choose a solicitor based on awards?
Awards are a starting point, not a decision. The Irish Law Awards gives one "Medical Negligence Team of the Year" award per year, yet multiple firms describe themselves as "award-winning" without specifying the year or category.
- Verify the specific award, year, and category at irishlawawards.ie [5].
- An award older than three years may not reflect the current team.
- Generic "award-winning" claims without specifics should be questioned.
Why it matters: Award claims that cannot be verified waste your decision-making time and may indicate a willingness to overstate credentials.
Next step: Check the actual Irish Law Awards records before giving weight to any firm's award claims.
Next in this series
How Long Does a Medical Negligence Claim Take in Ireland?
Medical Negligence Compensation Amounts in Ireland
Related internal guides: Medical negligence overview • Birth injury claims • Hospital negligence • Dental negligence • About Gary Matthews Solicitors
References
All sources accessed February 2026 unless otherwise noted.
- Medical Protection Society – Ireland Reports (2024)
- Law Society of Ireland – Find a Solicitor
- State Claims Agency – Annual Report 2024
- Action against Medical Accidents (AvMA)
- Irish Law Awards
- Solicitors (Advertising) Regulations 2019
- Civil Liability and Courts Act 2004
- Legal Services Regulation Act 2015
- Action Plan for Insurance Reform 2025–2029
- Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
- Health Information and Quality Authority (HIQA)
- Judicial Council Personal Injuries Guidelines
- High Court Practice Direction HC132 (2025)
- Legal Services Regulatory Authority (LSRA)
- Medical Council of Ireland
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. 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
