Specialist representation for medical negligence and clinical negligence claims across Dublin, Cork, Galway & Nationwide
Quick Answer: Specialist Dublin-based medical negligence solicitors handling claims across Ireland, including misdiagnosis, surgical errors, birth injuries, Duty of Candour cases, interim payments, and fatal injury claims. Free consultations, transparent costs, and nationwide representation.
"Gary Matthews Solicitors made a daunting process simple and stress-free... best possible result." – Former Client, Dublin
Many delay seeking legal advice due to fear, emotional strain, or cost worries. We offer expert, compassionate guidance at every step.
When you are treated by a medical professional, you are entitled to expect a "Duty of Care" from that medical professional who you hold responsible for your wellbeing. It does not matter if that medical professional is a Consultant or a Surgeon or a Doctor or a Nurse or a Psychologist – indeed some psychological injuries can come under this heading – or a dentist or anyone else who treats you.
Medical negligence (also called clinical negligence) occurs when a healthcare professional's treatment falls below the accepted standard of care, causing harm to the patient. This means the treatment was not what a competent medical professional would have provided in the same circumstances.
Medical negligence claims do not go through the PIAB (Injuries Board) and can take much longer than personal injury claims.
Your personal injury solicitors will spell out the detail, but the most important document that you will need is an expert opinion from a medical expert on the harm and the pain and suffering that you have experienced. This document can take time and expense to get, but your whole case of medical negligence will hinge on this document.
HSE liability rose from €2.8 billion (2018) to €4.6 billion (2022). Catastrophic injuries are under 2% of claims but account for over 50% of payouts. Source: HSE Claims Report. Last verified: July 2025
These concerning figures highlight the scale of medical negligence in Ireland's healthcare system and underscore the importance of holding healthcare providers accountable when substandard care causes harm.
Medical negligence can occur in many different healthcare settings and situations. We have expertise in handling all types of clinical negligence claims:
Failure to diagnose or delayed diagnosis of serious conditions including:
Early diagnosis is critical for effective treatment. Delays can result in more aggressive treatment, reduced survival rates, or preventable death.
Mistakes during surgery or surgical complications caused by negligence:
Errors in prescribing, dispensing, or administering medication:
Negligence during pregnancy, labor, or delivery affecting mother or baby:
Birth injury claims are among the most serious and complex medical negligence cases.
Substandard care following surgery or during hospitalization:
Proceeding with treatment without proper patient consent:
Patients have the right to make informed decisions about their medical treatment.
Negligence in primary care or specialist treatment:
Substandard dental treatment causing harm:
We also handle specialist medical negligence claims including:
Negligence in elective cosmetic procedures can be devastating, as patients undergo treatment voluntarily. Claims include botched cosmetic surgery, unexpected scarring, asymmetry, infections, and failure to achieve promised results due to negligent technique.
Negligence in mental health care including misdiagnosis of psychiatric conditions, inappropriate medication, failure to prevent suicide or self-harm, and inadequate monitoring of vulnerable patients.
Specialist claims involving Child and Adolescent Mental Health Services (CAMHS), where delays in treatment or inappropriate care have had serious consequences for young people's mental health and development.
Underfunding, understaffing, and outdated systems contribute to harmful errors across hospitals. These system-level issues can support negligence claims.
While individual healthcare professionals may be directly responsible for negligent care, systemic failures in Ireland's health service often contribute to medical errors:
In medical negligence claims, we examine not only individual actions but also systemic failures that may have contributed to the harm you suffered.
To succeed in a medical negligence claim, you must prove four key elements:
You must show that the healthcare professional owed you a duty of care. This is usually straightforward – if you were their patient, they owed you a duty of care.
You must prove that the healthcare professional breached their duty of care by providing treatment that fell below the accepted standard. This is assessed by asking:
"Would a competent medical professional in the same specialty have acted differently in the same circumstances?"
Expert medical testimony is essential to prove this element. You must show no competent healthcare provider would have acted similarly. Expert testimony is essential.
You must prove that the breach of duty directly caused your injury or worsened your condition. This is often the most challenging element, especially in cases involving pre-existing medical conditions.
You must establish "but for" causation – but for the negligent treatment, you would not have suffered the harm.
You must prove that you suffered actual harm (physical, psychological, or financial) as a result of the negligence. This includes pain and suffering, need for additional treatment, loss of earnings, and reduced quality of life.
Your personal injury solicitors will spell out the detail, but the most important document that you will need is an expert opinion from a medical expert on the harm and the pain and suffering that you have experienced.
This document can take time and expense to get, but your whole case of medical negligence will hinge on this document. We arrange and fund independent medical expert assessments from leading specialists in the relevant field.
We provide No Win No Fee* terms and assist with interim payment applications in catastrophic injury cases.
Medical negligence claims can be expensive to pursue due to the need for multiple expert reports, medical records, and specialist legal expertise. We offer No Win No Fee* representation, which means:
Early compensation can cover ongoing care and lost earnings. We also handle fatal injury claims under the Civil Liability Act.
Interim Payments: In cases of catastrophic injury where you need immediate financial support for ongoing care, rehabilitation, or living expenses, we can apply for interim payments from the defendant before your case fully settles. This ensures you receive crucial funding while your claim progresses.
Fatal Injury Claims: When medical negligence results in death, we represent families in wrongful death claims under the Civil Liability Act. These claims seek compensation for:
You should note that the Statute of Limitations time limit for bringing a medical negligence claim is also two years, but two years from the date that you discovered or were made aware of a possible medical negligence claim.
The standard two-year limitation may be extended for minors, mental incapacity, or delayed discovery of an injury.
Unlike standard personal injury claims (where the two-year limit runs from the date of the accident), medical negligence claims use the "date of knowledge" principle. This is the date when you knew or should reasonably have known:
This recognizes that patients often don't immediately realize that substandard care caused their condition.
Even with the date of knowledge rule, it's crucial to seek legal advice as soon as you suspect medical negligence. Evidence can be lost, memories fade, and key witnesses may become unavailable. Contact us immediately for a free consultation.
Notable cases like Gough v Neary and Dunne v National Maternity Hospital define causation and standards in Irish negligence law.
Irish courts have established important principles in landmark medical negligence cases:
A landmark case involving unnecessary hysterectomy. The Supreme Court awarded substantial damages and established important principles about informed consent and professional standards of care.
A significant birth injury case that clarified the test for medical negligence in Ireland, establishing that a doctor's conduct is assessed against "ordinary skill of an ordinary competent member" of that profession.
These and other precedents guide how Irish courts assess medical negligence claims, the standard of expert evidence required, and appropriate compensation levels.
Patients can request transparent reporting, and escalate unresolved issues to HIQA, the HSE, or the Health Ombudsman.
Irish patients have fundamental rights under healthcare legislation and HIQA regulations:
If you've experienced substandard care, you can:
Making a formal complaint and pursuing a legal claim are separate processes, and you can do both.
Starting a medical negligence claim may seem daunting, but we guide you through every step:
Call us on 01 9036407 or use our online contact form. We'll listen to your experience, assess whether you may have a claim, and explain the process.
We'll help you request your complete medical records from all healthcare providers involved in your treatment. You have a legal right to access these records.
We appoint and fund an independent medical expert in the relevant specialty to review your case and provide an expert opinion on whether the care you received fell below accepted standards.
Once we receive the expert report, we'll assess the strength of your case. If the expert supports your claim, we'll advise you on the likely outcome and next steps.
We'll send a letter of claim to the defendant outlining your case. Many claims settle through negotiation. If not, we're fully prepared to pursue court proceedings to fight for your rights.
Medical negligence claims generally take longer than standard personal injury claims due to their complexity:
| Stage | What Happens | Timeframe |
|---|---|---|
| Initial Consultation | Review facts and records | 1–2 weeks |
| Obtain Medical Records | Request complete medical history | 4–8 weeks |
| Expert Report | Independent medical evaluation | 2–4 months |
| Letter of Claim | Formal notification to defendant | 2–4 weeks |
| Negotiation | Attempt settlement | 3–12 months |
| Court Proceedings | If settlement fails | 2–4 years |
Total typical timeframe: 2–5 years, depending on case complexity and whether court proceedings are necessary.
A Dublin client was misdiagnosed with a minor illness. Later, it was revealed to be advanced cancer. The diagnosis delay severely impacted their health.
With expert oncology evidence secured by our team, we successfully pursued the case.
The HSE agreed to a €750,000 settlement—enabling long-term care and compensation for income loss.
Medical negligence compensation claims can include:
In catastrophic injury cases, compensation can exceed €1 million to account for lifetime care needs and loss of earnings.
You must show that no competent healthcare provider would have acted similarly. Expert testimony is essential. We arrange independent medical experts to review your case and provide professional opinions on whether the standard of care was breached.
Yes. You can bring claims against the HSE for substandard care in public clinics or hospitals. The HSE is vicariously liable for the negligence of its employees and has a duty to provide safe, competent care.
Typically two years from the date you discovered or should have discovered the negligence. Exceptions exist for minors (time runs from age 18) and cases involving delayed discovery of harm. Seek legal advice immediately to ensure your claim is filed within the limitation period.
Most cases settle via mediation or negotiation. Court proceedings are rare and usually reserved for complex disputes or where the defendant refuses to accept liability. We'll always pursue settlement first but are fully prepared to go to court if necessary.
Compensation depends on the severity of harm. Minor cases may settle for €20,000-€50,000. Moderate cases range from €50,000-€200,000. Catastrophic injury claims frequently exceed €1 million due to lifetime care needs and lost earnings.
Most cases resolve within 2–4 years. Simple cases with clear liability may settle sooner. Severe or disputed claims may take slightly longer due to the need for multiple expert reports and complex negotiations.
Cases such as Gough v Neary and Dunne v National Maternity Hospital guide how negligence and causation are judged in Irish courts. These cases establish the standards against which medical professionals' conduct is measured.
Patients can request full disclosure about their care, make formal complaints, and escalate unresolved issues to HIQA, the HSE complaints system, or the Ombudsman. You also have the right to access your complete medical records.
Dedicated medical negligence team with in-depth knowledge of Irish healthcare law and extensive experience in complex clinical negligence claims.
Access to leading independent medical experts across all specialties who provide robust, evidence-based opinions.
We understand the emotional trauma of medical negligence. We provide sensitive, compassionate support throughout your claim.
Track record of successful medical negligence claims and substantial compensation awards for our clients.
We explain complex medical and legal issues in plain English, keeping you informed at every stage.
Access to expert medical negligence representation with no upfront costs and no financial risk if unsuccessful.
If you or a loved one has suffered due to medical negligence, you deserve answers, accountability, and fair compensation. Contact Gary Matthews Solicitors for a free, confidential consultation.
Call us now on 01 9036407 or contact us online. Available 24/7 including weekends and bank holidays.
Gary Matthews Solicitors is conveniently located in Dublin city centre. We offer free consultations for medical negligence claims and represent clients across Ireland including Dublin, Cork, Galway, Limerick, and nationwide.
Personal injury and medical negligence solicitors division, Ormond Building, Ormond Quay Upper, Dublin 7, Ireland
Free consultation. No win, no fee*. Specialist medical negligence team. Available 24/7.