Medical Negligence*

The law of Medical Negligence is governed by the test set out in Dunne v The National Maternity Hospital (1989) which provides that

  • a medical practitioner is negligent in diagnosis and/or treatment only if he was guilty of such failure as no other medical practitioner of equal specialist or general status or skill will be guilty of if acting with ordinary care
  • a Plaintiff will establish negligence against a medical practitioner by proving his deviation from a general and approved practice only upon proving also that the course taken was one that no other medical practitioner of like specialisation and skill would have followed when taking the ordinary care required from a person of his qualifications.

Irish Courts have a very high threshold for what they deem to be medical negligence. This threshold makes it extremely difficult to be successful in medical negligence actions. It is therefore essential that you instruct solicitors who have the experience and expertise in this area. At Hanahoe and Hanahoe we have the expertise to advice you when you have a good action in medical negligence and perhaps more importantly, when you do not.

Medical Negligence claims most commonly arise in the following areas:

  • Cerebral Palsy & Birth Injury Claims
  • Brachial Plexus & Erbs Palsy Injuries
  • Acquired Brian Injuries Claims
  • Birth Injury Claims
  • Accidents & Emergency Treatment Claims
  • Hospital Infection Claims
  • Congenital Hip Dysplasia Claims
  • GP Negligence Claims
  • General Surgery Claims
  • Cosmetic Surgery Claims
  • Cancer Misdiagnosis Claims
  • Defective Medical Product Claims
  • Fatal Injuries Claims
  • Inquests
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.