The money being spent on these claims reflects delays in recognising symptoms, failures to follow up on test results, missed diagnoses and poor decisions in surgery and maternity care. It reflects a system where patients are too often left without answers and where families are forced to take legal action to get the truth.
Crimmins Howard works with people who were harmed by medical negligence and left to find their own way through a complicated process. We support clients who feel they were never given a full explanation. We act for those who were misdiagnosed, poorly treated or denied the chance to recover because someone failed to act when they should’ve acted.
Our focus is not just on the outcome of medical negligence. We look at the decisions that led there, the impact on your life, and what it will take to put things right.
If substandard medical care caused harm and no one has taken responsibility, contact Crimmins Howard. We will help you understand what happened and take the steps needed to protect your rights.
What Is Medical Negligence?
Medical negligence happens when a patient is harmed because a medical professional failed to provide care that met the standards expected in Ireland. It can involve doctors, nurses, surgeons, pharmacists, or any healthcare provider whose actions or inaction caused avoidable injury or loss.
It is not enough that a mistake occurred. For a claim to succeed, it must be shown that the care was clearly below accepted practice, and that this failure caused measurable harm. Some mistakes are honest. Others reflect deeper problems in the way care is delivered or followed up. If the treatment you received caused lasting damage, and could have been avoided with proper attention, you may have grounds to take action.
Types of Medical Negligence Claims We Handle
Delays in diagnosing cancer can drastically affect treatment options and long-term outcomes. We act for individuals whose symptoms were dismissed, referrals delayed or test results misinterpreted. In many cases, a timely diagnosis would have reduced the severity of treatment or improved recovery. We investigate whether warning signs were overlooked and if earlier action would have made a difference. If your cancer was diagnosed late, and the delay has impacted your health or future, we can help you uncover the facts and seek a fair outcome.
Cosmetic procedures carry risks, but patients have a right to expect competent care and honest communication. We handle claims involving poorly performed surgeries, inadequate post-op monitoring, and misleading pre-surgery advice. These cases often involve physical complications and significant emotional distress. If you experienced scarring, disfigurement or further health problems due to a cosmetic procedure that was carried out without proper planning or care, we can assess your case and help you pursue redress.
We support individuals harmed by negligent dental treatment, including botched extractions, nerve damage, failed root canals, and misdiagnosed infections. Dental negligence can affect appearance, speech, and quality of life. In some cases, poor hygiene or incorrect prescriptions have led to serious complications. If your dental care caused unnecessary pain, long-term discomfort or the need for corrective procedures, we can review your treatment records and advise you on next steps.
GPs are often the first point of contact in the healthcare system. When they fail to act on symptoms, refer appropriately, or order necessary tests, the results can be serious. We act in cases where patients were misdiagnosed, dismissed too quickly, or suffered harm because of delayed referrals. If you raised concerns with your GP and were later told that action should have been taken sooner, we can investigate whether you received the level of care that should have been provided.
Not all medical negligence involves major procedures. In many cases, the failure is in what was missed. We represent clients whose injuries or illnesses were not spotted, mislabelled or mismanaged, leading to worsening conditions or unnecessary interventions. We look at when the opportunity to act was lost and how the delay affected your health and recovery.
Hospitals are high-pressure environments where communication and coordination matter. We act in cases involving poor handovers, incorrect treatment, failures in monitoring, infections acquired in hospital, and injuries caused by understaffing or poor hygiene. If you were harmed because of how your care was delivered, managed or followed up in a hospital setting whether public or private we can help you assess whether the system failed you and whether that failure is actionable.
Mistakes with medication can be serious. We support clients who were given the wrong drug, incorrect dosages, or harmful combinations. We also act in cases where allergies were overlooked or prescriptions were dispensed in error. If you suffered illness or injury because of a medication mistake by a GP, hospital, or pharmacy, we investigate how it happened and whether safeguards should have been in place to prevent it.
Mental health care must be delivered with attentiveness, expertise, and proper follow-up. We handle claims where serious symptoms were ignored, self-harm risks were missed, or patients were discharged without support. We also act in cases involving incorrect diagnoses of neurological conditions and delayed treatment for psychiatric illnesses. If you or a loved one was harmed by failures in psychiatric care or mental health services, we will assess your treatment pathway and advise on your rights.
We represent women who experienced harm during pregnancy, birth or gynaecological procedures. This includes injuries during delivery, failure to monitor foetal distress, birth trauma to mother or baby, and negligent use of forceps or surgical instruments. We also handle claims involving untreated infections, surgical injuries and postnatal complications. If your maternity or gynaecological care caused long-term effects on your health, fertility or family, we will help you understand your legal options.
Some of the most serious claims arise not from one mistake, but from repeated failures in care. We act in cases involving anaesthetic errors, misinterpreted imaging, testicular torsion mismanagement, cauda equina misdiagnosis, and errors in specialist care like ophthalmology and cardiology. We also handle nervous shock and psychological trauma claims where patients or family members were left unprepared for avoidable medical outcomes. If the system failed to function safely or consistently, we will trace how and why it broke down.
Surgery carries known risks, but patients have a right to expect competence, care and prompt action when complications arise. We take on cases involving wrong-site surgery, retained instruments, organ perforation, delayed interventions, and post-operative failures. If you experienced serious consequences following surgery and were not given a proper explanation, we investigate your care from preparation through recovery to determine whether errors occurred and whether those errors justify legal action.
When Is Medical Negligence Actionable?
A medical negligence claim becomes actionable when a patient has suffered harm due to care that fell below the standard expected of a qualified healthcare professional. It is not enough to show that the outcome was poor. What must be established is that something was done incorrectly, or not done at all, and that this failure directly caused or worsened the injury or illness.
For a claim to proceed, the following legal elements must usually be present:
1. A Duty of Care
This is the obligation a healthcare provider has to treat their patient in a competent and professional manner. In Ireland, all registered doctors, nurses, surgeons, dentists and pharmacists owe a legal duty of care to their patients. This duty is assumed once a professional relationship is formed for example, when a GP agrees to see a patient, or when a hospital admits someone for treatment.
2. A Breach of Duty
It must be shown that the care provided fell below the standard that would reasonably be expected of someone in the same field. This may involve a failure to act, such as not ordering tests or not responding to symptoms, or a mistake in treatment, such as prescribing the wrong drug or performing a procedure improperly. Expert medical opinion is essential in determining whether a breach occurred.
3. Causation
There must be a clear link between the substandard care and the harm suffered. This is often the most complex part of a medical negligence case. A patient may already have been unwell before the incident, so it must be proven that the poor care either caused the injury or made the condition worse than it otherwise would have been. In many cases, we work with independent specialists who examine the records and offer an unbiased view on this question.
4. Harm or Loss
The breach of duty must have led to physical, psychological or financial harm. This can include worsening of a medical condition, the need for further treatment, long-term pain, lost income, or emotional trauma. Without demonstrable loss or damage, a legal claim cannot succeed, even if a mistake was made.
Medical negligence claims are complex, but they begin with one question: could this outcome have been avoided with proper care? If that question remains unanswered, we will help you investigate it fully.
Time Limits in Medical Negligence Claims
Medical negligence claims in Ireland are subject to strict time limits. These limits are set out under the Statute of Limitations. In most cases, you have two years less one day from the date you first knew or should have known that your injury or illness was linked to medical negligence.
This time limit is known as the date of knowledge rule. It recognises that in many medical cases, the harm might not be immediately obvious. For example, if a misdiagnosis or surgical error is only discovered months after treatment, the clock may not start ticking until that discovery is made. The law allows some flexibility, but it is essential to act promptly.
Determining the Date of Knowledge
The date of knowledge is the point at which you became aware, or ought to have become aware, of:
- The injury or condition itself
- The fact that the injury may have resulted from substandard medical care
In practice, this might be the day you were told your cancer was missed, the day a second opinion revealed the true diagnosis, or the day complications from a procedure were linked to earlier care.
Exceptions for Children
If the person affected is a child, the two-year time limit does not begin until their 18th birthday. This means they can bring a claim at any point up to their 20th birthday. However, a parent or legal guardian can also bring the claim on their behalf at an earlier stage, and this is often advisable to ensure key records and evidence are preserved.
Mental Capacity and Time Limits
If the injured person lacks mental capacity, either temporarily or permanently, the limitation period may be suspended. This includes individuals with severe cognitive impairments or psychiatric conditions that prevent them from understanding or managing legal proceedings. Once capacity is regained, the two-year clock may begin.
Why Early Advice Is Important
Although the law may allow some flexibility, the passage of time can make claims more difficult. Medical records may be harder to access, witnesses’ memories may fade, and institutions may challenge the validity of the claim more aggressively. Getting legal advice early gives you the best chance of building a strong, well-documented case.
If you believe your injury or illness may have been caused by medical negligence (even if it happened months or years ago), speak to a solicitor as soon as possible. We can help determine whether you are still within time to bring a claim.
What Compensation Can Cover
Compensation in a medical negligence claim is intended to acknowledge the harm caused and support you in recovering, adapting or managing the consequences. It is not just about the injury itself. It is about the disruption to your life, your finances and your future health.
We work with independent experts to assess the full scope of your losses past, present and future. Every case is different, but compensation typically includes the following:
1. Pain and Suffering
This covers the physical pain, emotional distress and impact on your quality of life caused by the negligent care. The amount will depend on the severity of your injury, how long you have been affected, and the long-term outlook.
2. Medical Expenses
You may be entitled to recover costs for corrective treatment, rehabilitation, medication, physiotherapy, counselling and other care services needed to address the harm done.
3. Loss of Earnings
If you were unable to work due to your injury, compensation can cover lost income. This can also extend to future loss of earnings if your ability to work has been permanently reduced or altered.
4. Future Care and Support
Some people require ongoing assistance, home modifications, mobility aids or special equipment. We can seek expert reports to calculate these future needs and include them in the claim.
5. Travel and Incidental Costs
You may also claim for out-of-pocket expenses related to your treatment, such as travel to hospital, parking, accommodation during specialist care, or childcare costs while attending appointments.
Compensation is not a windfall. It is a legal means of putting you back in the position you would have been in, as much as possible, had the negligence not occurred. We build claims that are carefully calculated, properly supported and fully documented.
Our Process: How We Build Your Case
Medical negligence claims are often complex and emotionally demanding. At Crimmins Howard, we aim to make the process as straightforward and steady as possible. We move at a pace that suits you while ensuring no detail is overlooked. Here’s how we typically approach a medical negligence case from start to finish:
Step 1: Listening to Your Story
Your experience is the foundation of the case. We begin with a confidential conversation where we take the time to understand what happened, how it has affected you, and what concerns remain unanswered. We will never rush you. We will ask focused questions to help establish a timeline and identify possible areas of concern.
Step 2: Gathering Your Medical Records
Once you instruct us to act on your behalf, we request your full medical records from all relevant hospitals, clinics, GPs and specialists. This may include notes, test results, discharge summaries, referral letters and imaging. These records are essential to understanding the chain of events and the decisions made during your care.
Step 3: Independent Medical Review
We then send your records to an independent medical expert with experience in the same field as the professional who treated you. This expert will assess whether the care you received was below the standard expected in Ireland. They will also consider whether that failure caused or contributed to your injury. If the expert supports your case, this becomes a key part of the legal evidence.
In some cases, more than one expert may be needed for example, one to comment on liability and another to assess the extent of your injuries and long-term prognosis.
Step 4: Assessing the Full Impact
We work with you and other experts to assess the financial and personal consequences of what happened. This can include medical costs, time off work, need for further treatment, loss of mobility, emotional distress or long-term care. We may engage professionals such as occupational therapists or quantity surveyors to quantify the impact on your daily life and your future needs.
Step 5: Preparing Legal Proceedings
If the evidence supports a claim, and you decide to proceed, we will prepare the legal documents and notify the relevant hospital, clinic or medical professional. This involves drafting a Letter of Claim and, where necessary, issuing proceedings in court. These documents set out the facts of your case and the basis for seeking compensation.
Step 6: Settlement or Trial
Many claims are resolved through negotiation, particularly when the expert evidence is strong. In such cases, we seek to secure a fair settlement without dragging out the process. However, if the other side refuses to accept responsibility or disputes the level of compensation, we are fully prepared to bring the case before the courts. Throughout this process, you will remain informed, supported and in control of the decisions being made.
Why Choose Crimmins Howard Solicitors for Your Medical Negligence Claim?
We investigate what the system will not explain
When medical care goes wrong, most people are left to piece together what happened on their own. Hospitals rarely admit fault, and patients often leave with more questions than answers. We take the time to review the full sequence of events. We gather records from every touchpoint and examine whether key steps were missed, delayed or improperly handled. If a decision led to avoidable harm, we find it.
We focus on the moment action should have been taken
In medical negligence claims, timing is everything. We look at when symptoms first appeared, when they were reported, and how long it took for a response. We identify when the opportunity to intervene was lost and how that delay affected the outcome. This is how we establish the link between poor care and lasting harm.
We work with trusted independent medical experts
We do not build claims on assumption. We work with consultants and specialists who assess whether the care you received met the accepted standard. Their opinions are unbiased, clear and based on the reality of Irish clinical practice. This expert input allows us to approach your case with precision and strength.
We capture the full impact of the harm caused
Negligence does not only result in injury. It can change a person’s working life, family dynamic, mental health and future care needs. We document all of this with care. From specialist reports to future care planning, we calculate what has been lost and what may still lie ahead. This ensures your claim reflects your full experience.
We respect your pace, your privacy and your voice
You will never be rushed, spoken down to or sidelined. Every case begins with listening. We handle your case with discretion, explain each stage clearly, and keep you informed at all times. Our approach is measured and client-focused. You are not just another file. You are the reason the work matters.
We are locally rooted and nationally respected
We serve clients across Ireland but remain grounded in our base in Shannon and the west. Our reputation has been earned through over three decades of trusted service. We are known for our consistency, our attention to detail and our ability to guide clients through the most difficult and complex cases.
We pursue accountability, not headlines
Some firms chase drama. We chase answers. Our goal is not to draw attention but to build a case that cannot be ignored. If your care was substandard and the system will not acknowledge it, we will bring the full weight of legal scrutiny to bear.
If you believe your injury or illness was caused by negligent care, contact Crimmins Howard. We will give your case the attention it deserves and the clarity you need to move forward.
Frequently Asked Questions
Do I need to have a serious injury to bring a medical negligence claim?
You do not need to have a life-altering injury, but the harm must be more than temporary or trivial. If the negligence led to a measurable impact such as prolonged illness, unnecessary procedures, psychological trauma, or loss of function you may have grounds to take action. We assess this on a case-by-case basis with the help of medical experts.
Will I need to attend court if I bring a claim?
Not necessarily. Many medical negligence cases in Ireland are resolved through negotiation before they reach court. If the other side accepts responsibility, a settlement can often be reached without the need for a trial. However, if liability is contested, the case may proceed to a court hearing. We prepare thoroughly either way and explain what to expect at each stage.
Can I still claim if the person who caused the harm has retired or moved abroad?
Yes. The focus of a medical negligence claim is not the individual’s current employment status, but whether the care provided was substandard at the time. In most cases, claims are brought against the hospital or clinic as an organisation, or their insurers. Retirement or relocation does not remove accountability.
What if my medical records are incomplete or missing?
This happens more often than you might think. If records are missing or unclear, we can apply pressure through formal legal channels to recover what is available. We may also use witness statements, letters, test results, prescription logs or referral histories to build a clear picture. The absence of records can itself be relevant to the case.
Can I bring a claim if I had a pre-existing condition?
Yes. A pre-existing condition does not prevent you from bringing a claim if the care you received made your condition worse or denied you the chance to manage it effectively. We work to separate the natural course of your illness from the avoidable harm caused by poor treatment or delay.
How long will the process take once a claim is started?
The length of a claim depends on the complexity of the case, the availability of evidence, and whether the other side contests liability. Some cases resolve within a year. Others take longer, particularly where expert reports or court proceedings are required. From the beginning, we will give you a realistic idea of timeframes based on your specific situation.
Can I still make a claim if I have already made a complaint to the HSE or hospital?
Yes. Making a complaint through the HSE or hospital’s own process does not prevent you from taking legal action. In fact, it can be helpful in establishing a timeline or obtaining key records. However, those processes do not lead to compensation. Legal advice should always be sought separately if you believe you have a claim.
What if the healthcare professional was doing their best at the time?
Intentions are not the test in medical negligence. The question is whether the care met the standard expected of a competent professional in the same circumstances. Even well-meaning decisions can result in harm if they fall short of accepted medical practice. Our role is to assess that objectively, with the help of experts.
Can I bring a claim on behalf of someone else?
Yes. If the injured person is a child, lacks mental capacity, or has passed away, a parent, family member or legal representative may be able to act on their behalf. There are specific rules for these types of claims, and we can advise on who is eligible to bring them.
What if the harm only became clear long after the treatment took place?
This is common in medical negligence. The legal time limit begins from the date you became aware or should have become aware that your injury may have resulted from substandard care. This is known as the “date of knowledge.” If you are unsure whether you are still in time to bring a claim, we can clarify that for you.
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