Medical negligence is care that falls below the standard of a reasonably careful practitioner and causes harm that would otherwise have been avoided. These pages explain how claims work in Ireland, from birth injury and surgery to GP, dental and medication errors.
Each page explains how that kind of error happens, the records that prove it and who answers for it.
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.
The test comes from Dunne v National Maternity Hospital [1989] IR 91.
You must show that the doctor, nurse, dentist or other practitioner did something no reasonably careful practitioner of the same kind would have done, and that this failure caused your injury. Both parts have to be proved.
No. Treatment can be given with reasonable care and still go wrong, and many procedures carry known risks. A claim needs evidence that the care itself fell below a reasonable standard, not only that the result was poor.
Paul Kearney, who founded the firm, leads our medical negligence work. Louise Harkin leads birth injury, gynaecology and paediatric claims.
Two years from your date of knowledge, under the Statute of Limitations (Amendment) Act 1991. That is when you knew you had been harmed and that the care may have caused it, which can be later than the treatment.
For a child, the two years start at 18, and time doesn't run while a person lacks capacity.
Yes. Under section 8 of the Civil Liability and Courts Act 2004, a letter setting out the claim should be sent to the hospital, doctor or other health service provider within one month.
The month runs from the date of the treatment or, if later, the date you first knew you had been harmed and that the care may have caused it.
If it isn't sent without good reason, the court can hold that against you, including on costs. We can send it for you.
No. Section 3 of the PIAB Act 2003 leaves out claims arising from health services and medical treatment. These claims go through the courts, often the High Court, and many settle, often at mediation.
Court proceedings should only issue when an independent medical expert has reviewed the records and supports the claim on both negligence and causation. That is why we get your records first and take advice before anything is filed.
The State Claims Agency manages claims against the HSE and public hospitals under the Clinical Indemnity Scheme. Private consultants, GPs and dentists have their own professional indemnity, and private hospitals have their own insurers.
No. Under Part 4 of the Civil Liability (Amendment) Act 2017, information and apologies given in open disclosure are not an admission of liability. They can still help explain what happened.
For catastrophic injuries, the court can order periodic payments to meet future care costs, rather than one lump sum, under the Civil Liability (Amendment) Act 2017. See serious injury claims.
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.
Email: [email protected]
Opening Hours:
Monday to Thursday 8am – 8pm
Friday 9am – 5pm
