Public Hospital (HSE) Negligence Claims*

You expected safe care. You followed the advice, waited your turn, and trusted that when the time came, your needs would be taken seriously. But something happened that should not have. Whether it was a delayed diagnosis, a mistake during treatment, or a failure to act quickly enough, the outcome left you injured, grieving or still searching for answers.

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In 2024, over 109,000 incidents were recorded across the HSE’s hospitals and services, according to data reported by RTÉ News. While many were classed as minor or negligible, nearly 500 were considered extreme, with long-term consequences or loss of life. These are not just statistics. Each number represents a person who went to a public hospital expecting to be helped and instead came away harmed.

At Crimmins Howard Solicitors, we have worked with individuals and families across Clare and the west of Ireland who experienced serious failures in public care. Some were dismissed or ignored when they raised concerns. Others did not learn the full story until it was too late. We know how hard it is to challenge a system you believed in. We also know that speaking up is often the only way to bring clarity, accountability and change.

Our team is here to listen, to explain your legal options, and to support you every step of the way. We offer clear advice, in plain language, rooted in fairness and respect for your experience.

If you believe a public hospital’s care caused avoidable harm to you or someone close to you, get in touch today. Let’s start with a conversation.

What Counts as HSE Negligence in Ireland?

Most people trust the care they receive in public hospitals, clinics, or health centres. But when something goes wrong, and it could have been avoided, it is natural to want answers. HSE negligence refers to situations where a person suffers harm because the treatment they received under the care of the Health Service Executive was substandard.

The HSE, or Feidhmeannacht na Seirbhíse Sláinte, is responsible for most public healthcare in Ireland. This includes emergency departments, maternity wards, outpatient clinics, and mental health services. Some hospitals are run directly by the HSE, while others are funded by it but managed by separate boards. Regardless of structure, public patients are entitled to safe, competent care.

A medical negligence claim may arise when a healthcare provider, be it a doctor, nurse, midwife or therapist, fails to act as a reasonably competent professional would have in the same circumstances. This failure is called a breach of duty. If that breach causes injury, illness, or worsens a pre-existing condition, a claim may follow.

HSE negligence claims can involve:

Failure to diagnose a condition in time
Delay in starting treatment
Mistakes during surgery or procedures
Poor follow-up care or discharge planning
Medication errors or incorrect dosages
Failure to monitor vital signs
Infections caused by unclean facilities or poor hygiene

According to figures reported by RTÉ News, over 109,000 adverse incidents were recorded across the HSE in 2024. While the majority were considered minor, nearly 500 cases were classified as extreme, involving death or permanent incapacity. These are not just numbers. They are real people who walked into a public hospital and were let down when they most needed support.

It’s important to understand that not every poor outcome is negligence. Complications can happen even with excellent care. But when a serious error leads to avoidable harm, patients and families have a legal right to investigate what went wrong.

At Crimmins Howard Solicitors, we work with people across Clare and beyond who trusted the system and were left hurt or grieving. If something feels wrong and you want help understanding your options, we are here to talk: plainly, honestly, and with care.

Common Failures That Lead to HSE Negligence Claims

Negligence within the HSE can take many forms. Sometimes it happens because warning signs are missed. Other times, it stems from delays in treatment, poor decision-making or system-wide issues like understaffing or communication breakdowns. Whatever the cause, the result is the same, needless harm to patients and families who relied on the public health service for safe and timely care.

Medical Mistakes by HSE Staff

Frontline healthcare workers often work under pressure, but they are still expected to deliver care that meets accepted standards. When those standards are not met, patients can be seriously harmed. Common medical failures include:

A misdiagnosis that delays lifesaving treatment
A failure to order or act on essential scans or blood tests
Medication errors, such as giving the wrong drug or dose
Surgical errors, including damage to organs or retained instruments
Inadequate monitoring during or after procedures
Failing to identify and escalate a deteriorating patient

Even a brief delay in care can have life-changing consequences. This is especially true for conditions like sepsis, stroke, meningitis or heart attack, where minutes matter.

Systemic Failures in HSE Hospitals

Some issues arise not from a single individual but from how the hospital or clinic is run. These system-level failures may include:

Poor record-keeping or failure to communicate between departments
Staff shortages leading to unsafe care ratios
Delayed referrals to specialists or other hospitals
Inadequate cleaning protocols resulting in infections
Failure to follow national or internal clinical guidelines

These types of breakdowns can result in multiple points of missed opportunity, particularly during night shifts, weekends or in smaller regional facilities.

Negligence in Maternity and Birth Care

Maternity care in Ireland is largely delivered through HSE-run hospitals. When things go wrong during pregnancy or birth, the results can be devastating. We have supported families through claims involving:

Delayed emergency caesarean section
Failure to monitor foetal distress
Mismanagement of labour or delivery
Birth injuries to mother or child
Missed infections during pregnancy

The effects of poor maternity care can last a lifetime, for both the child and their family.

At Crimmins Howard Solicitors, we believe that no one should suffer in silence. If you or someone close to you experienced a serious failure in public care, we can help you understand whether it could have been avoided, and what steps you can take next.

Who Can Bring a Claim Against the HSE?

If you’ve been harmed while receiving treatment through a public hospital or HSE-run service, you may be entitled to bring a claim. The law allows individuals to take legal action when they’ve been injured as a result of substandard care. But you do not have to do it alone. At Crimmins Howard Solicitors, we help clients across the west of Ireland understand where they stand and how to move forward.

Patients

Anyone who has received negligent care in an HSE hospital, clinic, ambulance or mental health facility can bring a claim. This includes:

People treated in emergency departments or inpatient wards
Outpatients receiving follow-up care or diagnostics
Mothers and babies affected during maternity care
Individuals receiving care in community health services or nursing homes

You don’t need to have been admitted to hospital. Even a GP or consultant working under an HSE contract may fall within the scope of public responsibility.

Parents or Guardians

Children cannot bring claims themselves. A parent or guardian may do so on their behalf. This is common in birth injury, paediatric negligence or vaccine-related cases. The claim can be started at any time before the child turns 18.

Family Members in Fatal Cases

If someone has died because of negligence, their next of kin may be entitled to bring a fatal injury claim. This can include spouses, children, parents or siblings, depending on the circumstances. These claims often cover funeral expenses, financial loss and loss of companionship.

Every case is personal. We will advise you clearly on whether you’re eligible to bring a claim, and who should be named in it.

Do I Have a Case? Legal Criteria Explained Simply

Not every bad outcome is medical negligence. Some conditions worsen despite best efforts. But when the care you received under the HSE falls below accepted standards, and that failure causes you harm, you may have a legal case.

In Ireland, medical negligence claims are assessed using four legal elements. All must be present for a claim to succeed:

1. Duty of Care

Every healthcare provider in the public system has a legal responsibility to provide safe and competent care. This applies to doctors, nurses, paramedics, therapists and others working under the HSE or hospital boards.

2. Breach of Duty

This means that the care you received fell below the standard expected. The question is not whether the outcome was poor, but whether the actions or decisions taken by your care team were reasonable under the circumstances. For example:

Failing to follow up on abnormal test results
Not diagnosing a condition that other professionals would have spotted
Performing a procedure without consent or proper explanation
Not escalating a deteriorating patient to senior staff

3. Causation

It must be proven that the negligence caused or significantly contributed to the harm you suffered. If the outcome would have occurred regardless of the mistake, a claim may not succeed. This is where medical evidence is essential.

4. Damages

Finally, the harm caused must be measurable. This can include physical injuries, emotional distress, financial loss, reduced quality of life or long-term care needs.

Even if all four elements are present, these cases require detailed investigation. Medical experts will be instructed to review your records and provide an opinion on whether the care you received met the required standard.

Many people hesitate to come forward because they’re unsure whether they “have a case.” That’s completely understandable. It’s not your job to know all the answers, that’s our role.

At Crimmins Howard Solicitors, we assess every situation carefully. We will tell you honestly whether a claim is likely to succeed, what’s involved, and what it will take to prove it. If you choose to move forward, we will guide you through every step.

Making a Claim Against the HSE: Step-by-step

Taking legal action against the HSE can seem like a big step. But when you work with a solicitor who understands both the legal and emotional weight of the situation, the process becomes clearer, and far less daunting.

Here’s how a typical HSE negligence claim works:

1. Initial consultation

We start with a private, no-obligation conversation where we listen to your experience, answer your questions, and help you understand whether you may have grounds for a claim.

2. Collecting medical records and building a timeline

If your case is viable, we request your full medical records. We also help you create a timeline of what happened, who was involved, and what advice or treatment you were given.

3. Medical expert review

We instruct an independent medical expert to examine the records and offer a professional opinion. They assess whether the care you received met the expected standard and whether earlier or different action would have changed the outcome.

4. Letter of claim

Once we have supportive medical evidence, we draft a formal letter to the HSE (or relevant hospital board). This letter outlines what went wrong, the impact on your health, and the legal basis for the claim.

5. Response and negotiations

The HSE will either admit or deny liability. Many cases are resolved at this stage through negotiation. If they accept responsibility, settlement discussions begin. If they deny fault, further legal steps may be needed.

6. Court proceedings (if necessary)

While most claims are settled, some do go to court. If that happens, we will prepare you thoroughly and stand with you throughout the process.

At every stage, Crimmins Howard Solicitors keeps you fully informed. We explain your options clearly and support you in making decisions that feel right for you and your family.

Time Limits to Bring a HSE Negligence Claim in Ireland

There is a legal time limit for bringing a medical negligence claim in Ireland. In most cases, you have two years from the date you first became aware that the harm you suffered may have been caused by substandard care. This is known as the date of knowledge.

This date is not always the same as the date of treatment. For example, you might not discover until months later that an illness was misdiagnosed, or that a test result was missed. The clock starts when you reasonably should have known something went wrong.

There are exceptions:

For children, the two-year time limit begins when they turn 18
For adults without mental capacity, the time limit may be paused until they regain capacity or a guardian acts on their behalf

If you are unsure when your time limit began, we can help assess the details.

It is always safer to seek advice early. Delays can make it harder to gather records, secure expert opinions and protect your right to pursue justice.

What Compensation Can Cover in a HSE Claim

If you have suffered harm due to negligent treatment in a public hospital or HSE-run service, you may be entitled to claim compensation. This is not about blame. It’s about recognising the real impact that poor care can have on your health, your finances and your daily life.

Compensation in medical negligence cases is typically divided into two categories: general damages and special damages.

General damages

This refers to the pain, suffering and loss of quality of life caused by the incident. It can include:

Physical pain and discomfort
Permanent injury or disability
Loss of mobility or independence
Psychological trauma, such as anxiety or depression
Loss of enjoyment of life or future opportunities

Courts in Ireland refer to the Judicial Council’s Personal Injury Guidelines when assessing these amounts, though every case is evaluated individually.

Special damages

These cover the financial costs and future expenses directly related to your injury. Examples include:

Medical bills or therapy not covered by the public system
Travel costs to appointments or hospitals
Lost income or pension contributions due to time off work
Home adjustments, such as stairlifts or mobility aids
Professional care or family care costs
Ongoing rehabilitation or specialist consultations

In fatal cases

If a loved one has died due to negligence, certain family members may be entitled to bring a fatal injury claim. This can include compensation for:

Funeral costs
Loss of financial support
Emotional loss and loss of companionship
Dependants’ future needs

At Crimmins Howard Solicitors, we take the time to understand the full impact of what happened. We will work closely with you to ensure every loss is properly documented and explained. Our aim is to secure compensation that reflects the real, long-term effect on your life, not just the short-term consequences.

Frequently Asked Questions

Can I sue the HSE if I was treated in a public hospital?

Yes. If the care you received at a public hospital was negligent and caused harm, you may be entitled to bring a claim. The HSE or hospital board may be held legally responsible, depending on who delivered your care.

Do I have to go through the HSE complaints process first?

No. You are not required to complete the HSE’s internal complaints procedure before speaking to a solicitor. However, you can still submit a complaint if you want answers while your solicitor investigates your legal options in parallel.

Can I still claim if I was told it was a rare complication?

Yes, in some cases. Even rare complications must be managed properly. If early warning signs were ignored, or poor decisions were made, you may still have a valid claim despite the risk being uncommon.

What if the hospital already apologised?

An apology does not prevent you from making a claim. You are still entitled to investigate whether the care you received fell below the legal standard and to seek compensation where appropriate.

Can I make a claim for someone who has passed away?

Yes. Close family members may be able to bring a fatal injury claim. This includes claims for funeral costs, dependency loss and emotional loss. We can guide you through what is involved.

Contact Crimmins Howard Solicitors

If you or your family have suffered because of poor care in a public hospital, you do not have to face it alone. At Crimmins Howard Solicitors, we offer honest legal advice with calm, steady support. Contact us today for a confidential consultation. We will listen, explain your options and help you take the next step.