What Counts as Medical Negligence in Ireland?

When we put our health in the hands of a medical professional, we trust that we will receive a competent level of care. Unfortunately, things can sometimes go wrong, and patients can suffer avoidable harm. When this happens, many people wonder if what they experienced can be classed as medical negligence.

The term is often used to describe any medical mistake, but in the eyes of the law, it has a very specific meaning and is not just about a poor outcome or an error in judgment. 

To be classed as medical negligence in Ireland, a very precise set of legal criteria must be met. This guide explains what those criteria are and provides clear examples of what does, and does not constitute a valid claim.

The Legal Definition of Medical Negligence

For a medical error to be considered negligence, it’s not enough to be unhappy with your treatment or its result. You and your legal team must be able to prove two fundamental things: that the standard of care you received was unacceptable, and that this substandard care directly caused you an injury.

In Ireland, the courts assess these cases based on a standard set by a landmark legal case known as the “Dunne Principles“. This is a legal test for establishing liability in medical negligence litigation here in Ireland, and requires the claimant to prove four key elements. 

If even one of these cannot be proven, a claim for medical negligence will not succeed.

1. A Duty of Care Existed

First, it must be established that the medical professional or institution owed you a “duty of care.” In a medical context, this is almost always straightforward. A doctor, surgeon, dentist, nurse or hospital automatically owes a duty of care to any patient they are treating.

2. There Was a Breach of That Duty

This is the most complex part of any claim. You must prove that the medical professional breached their duty by failing to provide a reasonable standard of care. 

The key question is: did the care they provided fall below what would be expected of a reasonably competent professional of the same specialisation and skill, facing the same circumstances?

It is not a test of perfection. Medicine is not always an exact science and an honest mistake or a poor outcome does not automatically mean the standard of care was breached. The professional’s actions are judged against their peers. To be considered negligent, their conduct must be something that no reasonably competent professional in their field would have done.

3. The Breach of Duty Caused the Injury

Next, you must prove a direct link between the breach of duty and the harm you suffered. This is known as “causation.” You must show that, on the balance of probabilities, you would not have suffered the injury “but for” the negligent act.

For example, if a doctor makes a mistake during a consultation but it causes you no actual harm, then there is no claim for negligence. The error must be the direct cause of a negative physical, psychological, or financial outcome.

4. The Patient Suffered Harm or Loss

Finally, you must have suffered an actual injury or loss as a result of the negligence. This harm can take many forms, including a physical injury, the worsening of a pre-existing condition, psychological trauma, or financial loss, such as lost earnings or the cost of corrective treatment.

Common Examples of Medical Negligence

While every case is unique, some common patterns of medical negligence include:

• Misdiagnosis or Delayed Diagnosis: A failure to correctly diagnose a serious condition like cancer, sepsis or meningitis in a timely manner, leading to a worse outcome for the patient.

• Surgical Errors: Mistakes made during an operation, such as performing surgery on the wrong site, leaving a surgical instrument inside the patient, or causing nerve or organ damage through substandard technique.

• Birth Injuries: Failures in care during pregnancy, labour, or post-delivery that result in injury to the mother or child, such as cerebral palsy.

• Medication and Prescription Errors: Prescribing or dispensing the wrong medication or the incorrect dosage, leading to harmful effects.

What Might Not Be Classed as Negligence?

It’s also important to understand what does not stand up to legal testing. For example, you likely do not have a claim for medical negligence if:

• You experienced a known complication of a surgery or treatment that you were properly warned about beforehand.

• Your treatment was unsuccessful, but the care provided was still of a reasonable standard.

• A doctor or nurse had a poor bedside manner but did not cause you any actual physical or psychological injury.

How Is Medical Negligence Proven?

Because the test for negligence is based on the standard of a “reasonably competent professional,” a claim cannot succeed without the opinion of an independent medical expert. 

Your solicitor will engage an expert in the same field as the professional you are claiming against. This expert will review your medical records and provide a formal report on whether the standard of care was breached and if that breach caused your injury. This expert evidence is the foundation of any successful medical negligence case.

If you believe the care you received fell below an acceptable standard and caused you harm, the first step is to seek advice from a solicitor with experience in this complex area of law.

Choosing the Right Solicitor

Medical negligence cases require a deep understanding of both legal and medical principles. At Patrick J Farrell & Company we have successfully represented many clients in a wide range of medical negligence claims. Our team works closely with independent medical experts to ensure every case is thoroughly investigated and supported by strong evidence.

Helen Coughlan is a partner and advises on medical negligence*, family law and personal injuries*. Helen is a qualified family mediator and collaborative law practitioner and is Chairperson of the Family and Child Law Committee of the Law Society.