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Medical treatment can be complex, and even when healthcare professionals provide appropriate care, some treatments don’t achieve the expected result.

However, there are situations where a patient suffers avoidable harm because the standard of care falls below what should have been provided. In those cases, there may be grounds to make a medical negligence claim.

Here, Elaine Hickey, Head of Medical Negligence at Tracey Solicitors, explains medical negligence in Ireland in straightforward terms.

What is medical negligence?

Medical negligence, also known as clinical negligence, is where a patient sustains personal injury as a result of an error made by a medical practitioner or healthcare professional.

For a claim to be viable, generally, the injury or illness would have to have been ‘avoidable’ if the proper level of medical care had been carried out.

To be eligible for a medical negligence claim in Ireland, the following elements must be established.

1. A duty of care existed

If a doctor, nurse, consultant, GP, hospital, dentist or other healthcare provider was responsible for treating you, they owed you a duty of care.

Proving this will involve showing medical records, prescriptions or invoices from the healthcare provider that you claim was negligent.

2. The duty of care was breached

The next question is:

Did the healthcare provider breach that duty of care? Did they make a mistake that another reasonably competent professional would not have made?

In order to prove that there was medical negligence and a breach of duty of care, your solicitor will request an independent medical expert review. This third party will analyse your case, medical records and actions of the doctor to show that the doctor’s negligence ‘more likely than not’ caused the injury. They will determine whether you have been subject to sub-standard medical care. They will either confirm or deny that if they had carried out the same actions that, in their opinion, they could have avoided your injury or illness.

3. The breach caused your injury

This is often where people become uncertain about whether they have a claim.

Even if a mistake or poor quality care occurred, it must be shown that this actually caused your injury.

For example, if your condition would have progressed in exactly the same way even with correct treatment, negligence may not be established.

However, if earlier diagnosis or proper treatment would have prevented the injury or reduced its severity, you may be entitled to make a medical negligence claim.

4. You suffered harm

It’s important to note that there must be measurable harm done to make a medical negligence compensation claim. It is not possible to seek compensation just for poor medical care if there was no injury or worsening of a condition.

This may include:

• Physical injury
• Worsening illness
• Additional surgery
• Loss of fertility
• Permanent disability
• Psychological injury
• Additional pain and suffering
• Financial loss arising from the injury.

What counts as medical negligence?

Every case depends on its own facts, but the following scenarios illustrate how the law may apply.

Scenario 1: Birth injury

Sarah attends hospital in labour.

During delivery, there are prolonged signs that her baby is in distress on the monitor. Despite these warnings, there is a significant delay before an emergency Caesarean section is carried out.

The baby suffers oxygen deprivation and is later diagnosed with a brain injury.

Does this qualify?

Possibly.

The questions a solicitor would investigate include:

• Were the warning signs recognised?
• Should the medical team have acted sooner?
• Would earlier delivery probably have prevented the injury?
• Did the delay directly contribute to the baby’s condition?

If independent medical experts conclude that the delay fell below accepted medical standards and caused avoidable harm, there may be grounds for a medical negligence claim.

If, however, the injury would likely have occurred regardless of the timing of delivery, establishing negligence may be much more difficult.

Scenario 2: Cancer misdiagnosis

Michael visits his GP several times with ongoing symptoms.

Despite persistent warning signs, no referral is made for further investigation.

Several months later he is diagnosed with advanced bowel cancer.

Does this qualify?

Not every delayed diagnosis amounts to negligence or a cancer misdiagnosis claim.

However, important questions include:

• Would a reasonably competent GP have arranged further testing sooner?
• Were recognised referral guidelines followed?
• Did the delay allow the cancer to progress?
• Would earlier diagnosis probably have improved the outcome?

If the delay reduced treatment options or significantly worsened the prognosis, there may be a valid claim.

Scenario 3: Surgical error

Emma undergoes routine abdominal surgery.

Following the operation, she experiences severe pain.

Scans later reveal that a surgical instrument was unintentionally left inside her abdomen, requiring another operation.

Does this qualify?

Yes. While every operation carries recognised risks, leaving a surgical instrument inside a patient is very different from an unavoidable complication.

This is known as a ‘Never Event’ claim, that is, it should never happen. In this situation, it would be most likely that a claim would be possible, once legal action is taken within the required time frames.

Scenario 4: GP negligence

David attends his GP complaining of chest pain.

Without carrying out an appropriate assessment, he is diagnosed with muscle strain.

Two days later he suffers a heart attack.

Does this qualify?

Possibly.

The key legal questions include:

• Were the symptoms properly assessed?
• Should emergency referral have been made?
• Would earlier intervention have prevented or reduced the heart damage?

Expert medical evidence would determine whether the GP’s actions met the expected professional standard.

What is the process for a medical negligence claim?

Your solicitor will usually obtain your medical records and arrange for them to be reviewed by an appropriate specialist.

The expert considers whether:

• The standard of care was acceptable.
• A breach occurred.
• That breach caused your injury.
• Your injury could reasonably have been avoided.

If the independent medical expert concludes that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you.

A Letter of Claim will outline the nature of your case and invite the medical practitioner to settle the case.

After that, the next steps will depend on how the medical practitioner responds to the Letter of Claim; your solicitor will guide you to get the best possible outcome for your case.

What are the time limits for a medical negligence claim?

The legal time limits for making a medical negligence compensation claim are strict, which is why it is so important to act sooner rather than later if you suspect your injury or illness is a result of medical negligence.

In most cases, you have two years minus one day from the date of the injury, or date of knowledge of the injury to make a claim for compensation.

For minors, the rule is slightly different. A parent or guardian can make a claim on the child’s behalf at any time before the child turns 18 years of age. After their 18^th birthday, the two year time limit applies. However, in cases involving minors, early action still advised so that evidence is preserved and the case is not compromised by any delays.

In all cases, it’s important to note that it can take time to gather medical reports and evidence, so it is best to speak with a solicitor well in advance of the two year deadline.

How we can help

Medical negligence claims can be complex. Determining whether you have a valid claim often requires careful analysis of medical records, expert opinion, and the circumstances surrounding your treatment.

At Tracey Solicitors, our medical negligence team has experience assisting clients across a wide range of cases, including birth injuries, cancer misdiagnosis, delayed diagnosis, surgical errors, and GP negligence claims.

If you believe your injury may have been caused by substandard medical care, speaking with an experienced medical negligence solicitor is the first step to helping you understand your legal position and next steps.

Contact us for a confidential discussion and tell us about your case today.