When a patient dies because their care fell below an acceptable standard, the family can bring a claim for their losses. This page explains open disclosure, the inquest, the State Claims Agency and the independent medical evidence these claims need.
A medical negligence fatality claim is a claim for the family of a patient whose death was caused by care that fell below the standard of a reasonably careful practitioner in the same field.
That test comes from Dunne v National Maternity Hospital [1989] IR 91. The family has to show that the care was below standard and that this, rather than the patient's illness, caused the death.
These claims can follow a delayed or missed diagnosis, a surgical error, a medication error, an infection not treated in time, or the management of a pregnancy and birth.
Since 26 September 2024, the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 has required health service providers to tell families about certain deaths, called notifiable incidents.
They include an unanticipated death related to treatment, a death linked to a medication error, surgery on the wrong patient or site, and an unanticipated maternal death.
The provider must hold a meeting with the family, explain what is known and follow up in writing. An apology given then is not an admission of liability, so a claim still has to be proved with independent evidence.
Under the Coroners (Amendment) Act 2019, an inquest must be held after a maternal death (during pregnancy or within 42 days of its end, from a related cause) or a late maternal death (up to a year after).
In those cases a family member can ask the coroner, before the inquest starts, to request legal aid from the Legal Aid Board under section 60 of the Coroners Act 1962.
The claim does not go to the Injuries Resolution Board. Instead:
Claims against public hospitals and the HSE are managed by the State Claims Agency. Many settle, often at mediation.
Read medical negligence claims step by step, and our page on dependency and bereavement support.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Paul Kearney founded the practice and leads its medical negligence work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.
Every medical negligence claim needs independent expert evidence. We instruct independent medical experts in the relevant field to report on the care you received and on what difference it made.
We get your medical records and go through them with you, so that you know where you stand before any claim is started.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
No. Section 3 of the Personal Injuries Assessment Board Act 2003 excludes claims arising from health services and medical treatment. These claims go through the courts, and many settle before trial.
The State Claims Agency manages claims against the HSE and other State bodies under the Clinical Indemnity Scheme. The hospital or the HSE remains the defendant, but the Agency handles and resolves the claim. Private hospitals, private consultants and GPs have their own indemnity.
The "relevant person" under section 7 of the 2023 Act. If the patient had not nominated someone in writing or appointed a legal decision-maker, this is a spouse, civil partner or cohabitant, an adult son or daughter, or a parent, brother or sister.
The provider holds a disclosure meeting, explains what happened as far as it is known, and then gives the family the information in writing.
No. Under Part 4 of the Civil Liability (Amendment) Act 2017, as amended by the 2023 Act, an apology or information given in open disclosure is not an admission of fault. It can still help the family understand what to ask an independent expert.
The Dunne test asks whether a reasonably careful practitioner in the same specialty would have acted as the treating doctor did.
Only a practitioner in that field can give that evidence, and a second report is often needed on whether the failure caused the death. Proceedings should not issue without supportive expert evidence.
No. Most hospital deaths are from natural causes and are certified by a doctor.
A death must be reported to the coroner where the Coroners Act 1962 requires, such as an unnatural or unexplained death, and an inquest is mandatory after a maternal or late maternal death.
A family member applies to the coroner before the inquest begins. The coroner must decide within 10 working days and, where the conditions in section 60 of the Coroners Act 1962 are met, asks the Legal Aid Board to provide legal aid or advice.
The death of a baby before, during or soon after birth can also be a notifiable incident under the 2023 Act. See our page on birth injury claims.
Two years from the date of death, or from the date of knowledge if later, under section 6 of the Statute of Limitations (Amendment) Act 1991. There is no Board application to pause the clock, and expert review takes months, so early advice matters.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
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