3. The current law on medical negligence

What We Do

In order to succeed in a medical negligence claim you must prove the following:

That the health care professional owed you a duty of care;
That there was a failure in their duty as a professional;
That you suffered loss or damage as a result of this failure;
That there was a connection between the failure of the health care professional and the loss or damage you suffered.

The level of proof required to successfully prove medical negligence in Ireland is extremely high. The fact that an injury occurred as a result of a medical procedure is not enough to establish a finding of medical negligence. It is necessary to show that the health care professional acted negligently to the extent that no other medical practitioner of equal expertise would have acted in that way.*

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