How Long Does a Medical Negligence Claim Take in Ireland?

If you are considering making a medical negligence claim, one of your first and most pressing questions will likely be, “How long is this going to take?” It’s a completely understandable concern. 

The answer, however, is that there is no single or simple timeline.

Every medical negligence case is unique. While a straightforward case might be resolved in around 18 months, more complex cases can take several years to conclude. The timeline is not a reflection of your solicitor’s effort; rather, it’s dictated by a series of necessary and often lengthy legal and medical steps.

This guide breaks down the typical stages of a medical negligence claim to help you understand why the process takes the time it does and what happens at each step along the way.

Stage 1: Initial Investigation and Gathering Records

The first stage begins after your initial consultation with a solicitor. Once you decide to proceed, your solicitor will take a detailed statement from you and ask you to sign authorisations that allow them to access all of your relevant medical records. They will then write to every hospital, clinic, GP and consultant involved in your care to request your complete file.

This stage can take anywhere from one to four months. The timeline depends heavily on the administrative speed of the various healthcare providers in responding to these requests.

Stage 2: Engaging a Medical Expert

Once all your medical records have been gathered, they are organised and sent to an independent medical expert for review. This is the most crucial step in determining if you have a valid claim. The expert, who will be a specialist in the same field of medicine as the professional you are claiming against, must provide a formal report that answers two key questions:

1. Was the care you received substandard?
2. Did that substandard care cause your injury?

This stage is often the longest pre-court part of the process, typically taking between three and nine months, sometimes longer. Delays can occur because finding the right, highly-specialised expert can be challenging (they may even be based overseas), and they need considerable time to thoroughly review what can often be thousands of pages of complex medical records before writing their detailed report.

Stage 3: Issuing Legal Proceedings

If the medical expert’s report is supportive of your claim, your solicitor can then formally begin the legal case. They will usually start by sending a Letter of Claim to the doctor or hospital, outlining the allegations of negligence. If liability is not admitted, your solicitor will then draft and file a Personal Injuries Summons in court. This document officially commences the legal proceedings. This stage typically takes one to two months.

Stage 4: The Litigation Process

Once proceedings have been issued, the case enters the litigation phase. This is where the formal court process unfolds, and it is the most variable part of the timeline, often lasting 12 to 24 months or more.

Several key steps happen during this period. The defendant’s legal team will file a formal ‘Defence’ in response to your claim. Following this, a process called ‘Discovery’ takes place, where both sides are required to exchange all relevant documents and evidence. This can be a lengthy and meticulous process.
It is during this stage that most cases are resolved. Settlement talks can happen at any time, and mediation is often encouraged as a way to resolve the case without needing a full court hearing. Many medical negligence cases are settled before reaching a trial.

Stage 5: Settlement or Court Hearing

If a settlement is agreed upon, your case can conclude. If no agreement can be reached, the case will be set down for a trial in the High Court. Due to backlogs in the court system, it can take a significant amount of time to be given a hearing date. If your case does proceed to a full trial, the hearing itself could last several days or even weeks.

Factors That Influence the Timeline

To summarise, the key factors that can affect how long your claim will take include:

• The complexity of the medical issues: A complex birth injury claim will take longer to investigate than a more straightforward surgical error. 
• The stance of the defendant: If the hospital or their insurer (often the State Claims Agency) strongly defends the case, the process will be longer. 
• The availability of medical experts: Finding the right specialist to support your case can sometimes cause delays. 
• Court backlogs: The waiting list for hearing dates in the High Court is a significant factor in cases that do not settle.

While the process can be long, each step is essential to ensure your case is properly prepared and you achieve the best possible outcome. An experienced solicitor will manage this timeline efficiently and keep you informed every step of the way.

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 mediator and collaborative law practitioner.