Hospital Negligence Claims

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Have You Suffered Due to Negligence in a Hospital Setting?

Hospitals across Ireland are expected to provide the highest standard of care to their patients. Unfortunately, errors can and do occur in both public and private hospitals, leading to serious injuries, illnesses, or worsening of pre-existing conditions. When hospital negligence results in harm, patients and their families deserve justice, answers, and compensation.

At Good & Murray Smith LLP,  we are disputes specialists and we are experts in handling negligence claims. With over a century of experience in litigation, we confidently represent clients in complex negligence cases. Our team is dedicated to providing the highest standard of legal advice, ensuring that your voice is heard, and your case is pursued with determination and care.

What Is Hospital Negligence?

Hospital negligence occurs when healthcare professionals within a hospital fail to provide the standard of care expected, causing harm to the patient. This may involve errors in diagnosis, treatment, aftercare, or a failure to maintain safe and hygienic conditions.

Examples of hospital negligence include:

  • Misdiagnosis or Delayed Diagnosis: Failing to identify a serious condition, such as cancer, heart attacks, or strokes, in a timely manner.
  • Surgical Errors: Operating on the wrong body part, leaving surgical tools inside the patient, or performing unnecessary procedures.
  • Medication Errors: Prescribing the wrong medication, incorrect dosages, or medications that interact harmfully.
  • Infection Control Failures: Poor hygiene practices leading to infections such as MRSA or sepsis.
  • Birth Injuries: Failing to perform a timely C-section or mishandling delivery tools, causing harm to the mother or child.
  • Inadequate Aftercare: Not monitoring patients post-surgery, leading to complications or prolonged recovery.


If you believe you’ve been harmed due to hospital negligence, you may have grounds to pursue a claim.

Why Choose Good & Murray Smith LLP?

Unmatched Expertise in Medical Negligence

Established in 1895, Good & Murray Smith LLP has a long history of success in litigation, including professional negligence claims. We combine legal precision with compassion to achieve the best outcomes for our clients.

Dedicated Specialists in Complex Cases

Hospital negligence claims are inherently challenging, often requiring expert medical opinions and a detailed understanding of hospital protocols. Our team has the knowledge and resources to handle these cases effectively.

Proactive, Client-focused Approach

From your first consultation, we prioritise your needs, providing clear advice and regular updates. We are here to support you every step of the way, handling all aspects of your claim with diligence and care.

Recognised for Results

Our reputation for excellence is built on our consistent ability to deliver justice for our clients, even in the most difficult cases.

Steps to Making a Hospital Negligence Claim

1. Speak with Our Experts

Contact us to discuss your case in confidence. Our experienced solicitors will listen carefully, assess your situation, and advise on the best course of action.

2. Gather Evidence

We will assist you in obtaining your medical records and any other evidence related to your treatment. These documents are reviewed by independent medical experts to determine whether negligence occurred.

3. Notify the Hospital

We will draft a detailed letter of claim, outlining the negligence that occurred and the harm caused. This letter invites the hospital to respond and engage in settlement discussions.

4. Negotiate or Litigate

Many claims are settled out of court through negotiations or mediation. If a fair settlement cannot be reached, we are fully prepared to represent you in court.

How Much Compensation Can You Expect?

The amount of compensation you may receive depends on factors such as the severity of your injuries, the financial losses you’ve incurred, and the impact on your quality of life. Compensation is typically divided into general damages (for pain, suffering, and loss of amenity) and special damages (covering medical expenses, loss of earnings, travel costs, and future care needs. Our solicitors will calculate your claim to ensure you are fully compensated for your losses.

Why Hold Hospitals Accountable?

While compensation is important, many of our clients are motivated by a desire to prevent similar mistakes from happening to others. By holding hospitals accountable for their failings, we help drive improvements in patient safety and care standards across Ireland.

Frequently Asked Questions About Hospital Negligence

In public hospitals, claims are typically brought against the Health Service Executive (HSE). In private hospitals, the claim may be against the hospital itself or the consultant responsible for your care. Our team will identify the appropriate party and pursue your claim with precision.

In Ireland, you generally have two years less a day from the date of the incident or the date you became aware of the negligence to bring a claim. Exceptions apply for children and individuals with mental incapacity.

Not necessarily. Many hospital negligence claims are resolved through negotiation or mediation. However, if a settlement cannot be reached, we are prepared to represent you in court to secure the justice you deserve.

To prove negligence, you must show that:

  1. The hospital owed you a duty of care.
  2. This duty was breached through substandard care.
  3. The breach caused your injury or harm.

We work with independent medical experts to build a strong case on your behalf.

Yes. However, these costs are usually paid by the hospital or doctor’s insurer if your claim is successful. For detailed information tailored to your situation, please contact us directly. Our team will provide transparent advice and discuss the financial aspects of your claim in confidence.

To substantiate a hospital negligence claim, it's essential to gather comprehensive evidence demonstrating that the care received fell below the expected standard and directly caused harm. Important evidence includes:

  • Medical records: Detailed documentation of treatments, diagnoses, prescriptions, and communications with healthcare providers.
  • Expert testimony: Opinions from independent medical experts who can attest that the care provided deviated from accepted medical standards.
  • Personal accounts: Detailed statements from the patient and witnesses outlining the sequence of events and the impact of the negligence.
  • Photographic evidence: Images depicting injuries, surgical sites, or conditions resulting from the alleged negligence.


Collecting this evidence promptly forms the foundation of a robust claim.

The duration of a hospital negligence claim can vary, but on average, such claims in Ireland take about 2-3 years to conclude. Sometimes, they are resolved much earlier. The timeline can be influenced by factors such as the complexity of the case, the availability of evidence, and whether the claim is settled out of court or proceeds to trial.

As a patient in Ireland, you are entitled to:

  • High-quality care: Expect care that meets established medical standards.
  • Informed consent: Receive comprehensive information about proposed treatments, including potential risks and alternatives, enabling you to make informed decisions.
  • Confidentiality: Assurance that your personal health information is protected and shared only with your consent or as legally required.
  • Access to medical records: The right to review and obtain copies of your medical records.
  • Redress: Seek compensation if you've suffered harm due to medical negligence.


Being aware of these rights empowers you to make informed decisions about your healthcare and to take appropriate action if those rights are violated.

Yes, you have the right to access your medical records in Ireland. Under the General Data Protection Regulation (GDPR) you can request your personal health information from the hospital or healthcare provider where you received care. 

To do this, a written request needs to be made to the relevant hospital's records department or data protection officer, specifying the information sought. Some hospitals provide specific forms to facilitate this process. For example, the Mater Hospital offers an application form for accessing personal data.

Several bodies oversee the regulation of hospitals and healthcare services in Ireland, including:

  • Department of Health: This government department oversees the health service in Ireland, setting policies and ensuring the delivery of health services. 
  • Health Service Executive (HSE): Responsible for delivering public health and social care services across Ireland.
  • Health Information and Quality Authority (HIQA): An independent authority established to drive continuous improvement in Ireland’s health and social care services. 
  • Medical Council: Regulates doctors to ensure high standards of medical practice.

Nursing and Midwifery Board of Ireland (NMBI): Regulates nurses and midwives, ensuring they provide safe and effective care.

If you're dissatisfied with the care received in a hospital, you can express your dissatisfaction in any of these ways:

  • Informal complaint: Raise the issue directly with the staff or department involved; sometimes, issues can be resolved without formal procedures. 
  • Formal complaint: If unresolved, submit a written complaint to the hospital's complaints officer under the HSE's "Your Service, Your Say" procedure. 
  • Patient Advocacy Service: For support, contact the Patient Advocacy Service, an independent body providing free and confidential assistance to patients making complaints about public acute hospitals. 

However, if you have suffered harm it is advisable to consult a solicitor before doing so.

Contact Good & Murray Smith LLP Today

If you or a loved one has suffered due to hospital negligence, don’t wait to seek legal advice. Contact Good & Murray Smith LLP today to arrange a consultation with one of our expert medical negligence solicitors.

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For Expert Legal Advice on Medical Negligence Claims

If you or a loved one has suffered due to medical negligence, don’t delay. Good & Murray Smith LLP is here to support you. Contact us to arrange a consultation to review your case and guide you through the next steps.