Can you bring a medical negligence claim against a private hospital in Ireland?

3 minute read

You can bring a medical negligence claim in Ireland whether your treatment took place in a public hospital or a private one. The legal test is the same. The setting does not change your entitlement to pursue a claim if negligent care has caused you harm.

What does change, in practice, is who may be legally responsible and how the claim is progressed.

Does private treatment change your legal rights in Ireland?

No. Your rights arise from the standard of care you received, not how your treatment was funded.

To succeed in a medical negligence claim in Ireland, you must establish:

1. That a duty of care existed.
2. That the standard of care fell below what is expected of a competent practitioner.
3. That this caused you a recognisable injury or loss.

These principles apply equally in private hospitals, public hospitals and private clinics.

Who is responsible in a private hospital setting?

This is where private treatment becomes more nuanced.

In a public hospital, claims are typically taken against the Health Service Executive. In a private setting, responsibility can sit with one or more parties, depending on how your care was delivered.

Common defendants include:

• The treating consultant (who may be self-employed).
• The private hospital itself.
• A combination of the above.

Private consultants often operate independently, even when working within a hospital. That means the hospital is not automatically responsible for everything that happens during your treatment.

Both self-employed consultants and private hospitals are required to have insurance policies in place should a patient suffer due to negligent care.

Identifying the correct defendant, or defendants, is a critical early step when considering a claim.

Are Irish private hospitals held to a different standard?

The expected standard of care is consistent across both public and private healthcare.

Private treatment can raise specific issues, such as:

• Whether you were given clear and accurate information before agreeing to treatment.
• Whether risks and alternatives were properly explained.
• Whether appropriate follow-up care was arranged.

These factors often feature prominently in claims involving private healthcare.

What types of claims arise from private hospital treatment?

The same categories of negligence apply. Scenarios commonly seen in private settings include:

• Surgical errors or complications.
• Failure to diagnose or delayed diagnosis.
• Inadequate consent before procedures.
• Poor post-operative care or follow-up.
• Failure to act on test results.

Are time limits different for private treatment?

No. The same limitation rules apply.

You have a two-year window from the date of the medical negligence to begin legal proceedings. However, there are certain circumstances that may alter the start date.

Unfortunately, some people are not aware that there are time restrictions for filing a medical negligence claim, and as a result, some cases may become ineligible for compensation.

Do not delay seeking legal advice.

To learn more about the limitation period and the exceptions, visit: How long do I have to make a medical negligence claim in Ireland?

How are claims against private hospitals investigated?

Medical negligence claims in Ireland rely heavily on expert evidence.

Your solicitor will typically:

• Obtain your full medical records.
• Instruct an independent medical expert.
• Assess whether the standard of care fell below what is expected.
• Consider whether the alleged negligence caused your injury.

Only when supportive expert evidence is obtained should proceedings be issued.

Contact our Dublin, Wexford & Wicklow-based medical negligence team

Our medical negligence team has extensive experience investigating complex cases across Ireland. We work with trusted medical experts to assess whether the care you received was substandard and whether it caused avoidable harm.

Contact Us to arrange an initial consultation to discuss your claim.

Or, visit Medical Negligence Claims to learn more about our services.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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