Hospital negligence covers failures in the nursing and medical care given to a patient on the ward, in a public or a private hospital. This page explains who a claim is brought against and the failures in ward care that most often lead to claims.
A hospital negligence claim is a medical negligence claim about the care you received as a hospital patient, from nurses, doctors and other staff.
It often concerns the routine systems of ward care rather than one decision: turning patients, assessing falls risk, giving medicines on time and keeping infection out.
Common examples include:
A claim about a public hospital is brought against the HSE or the voluntary hospital, and the State Claims Agency manages it under the Clinical Indemnity Scheme, which covers the hospital's doctors, nurses and other clinical staff.
That scheme does not cover private hospitals. A claim about a private hospital is brought against the hospital, which has its own insurer, and often against the private consultant, who has separate indemnity.
Dated photographs of a pressure sore or injury are useful evidence, as is a note of what you or your family told staff, and when.
Where a fall or pressure sore led to a longer stay, the discharge summary usually records why, so keep a copy.
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.
You can. Public hospitals use the HSE complaints process, Your Service Your Say.
HSE guidance says to complain within 12 months, and a complaints officer aims to finish an investigation within 30 working days, with a review and then the Ombudsman if you are not satisfied.
A complaint can give you an explanation and an apology, but it is not a claim for compensation.
Making a complaint does not stop the two-year time limit for a legal claim, so don't wait for the outcome before getting advice.
It manages clinical negligence claims against the HSE and public hospitals under the Clinical Indemnity Scheme. In a claim about a public hospital, the Agency investigates, instructs its own independent medical experts and decides whether to settle or defend.
No. A patient's fall linked to the care they were receiving is a claim arising from a health service, which section 3 of the PIAB Act 2003 leaves out of the Board's remit.
A visitor who slips on a wet hospital corridor is different: that is a public liability claim, which does go to the Board.
No. Some very ill patients develop pressure damage despite good care. A claim depends on what the records show: whether the risk was assessed on admission, how often the patient was turned and checked, and whether a pressure-relieving mattress was used when needed.
Some infections happen even with good infection control, so the infection alone is not enough. A claim usually needs evidence of a failure, such as poor wound care, delay in recognising the infection, or delay in starting the right antibiotics.
No. Under Part 4 of the Civil Liability (Amendment) Act 2017, information and apologies given in open disclosure are not an admission of liability. Keep any notes or letters from the meeting, as they help us know which records to request.
The family can bring a claim for the dependants under Part IV of the Civil Liability Act 1961. See fatal injury claims.
Two years from your date of knowledge, under the Statute of Limitations (Amendment) Act 1991. That is usually when you knew you had been harmed in hospital and that the care may have caused it. Time doesn't run while a person lacks capacity.
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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