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“Do I actually have a case?” is the question most people want answered before doing anything else. In Ireland, that question is not answered by a gut feeling — it is answered by the records and an independent medical expert. This page explains how that works, for information only.
Two things have to be shown
A concern is generally assessed on two questions: whether the care fell below the accepted standard (breach), and whether that failing caused the harm complained of (causation). Both usually require independent medical expert evidence — a poor outcome on its own does not establish either.
The role of the independent expert report
An appropriately qualified expert, independent of those who provided your care, reviews your records and gives an opinion on whether the standard of care was met and on causation. This report is the cornerstone of any assessment of whether a matter merits further investigation. Without supportive expert opinion, a matter generally does not proceed.
The practical pathway
- Consultation — discuss what happened and your options.
- Records request & review — obtain and review your full medical records.
- Preliminary merit assessment — a structured view of whether the matter merits further investigation, including guidance on expert referral.
- If it proceeds, the engagement and fees are agreed in writing in advance.
A note on fees
First-step services are assessed individually, and costs are confirmed in writing before any work begins. In Ireland a solicitor may not charge a percentage or proportion of any award or settlement in a personal injury, medical negligence or other contentious matter (section 149, Legal Services Regulation Act 2015).
Read our guide to a confidential consultation with a solicitor of your choice or read about the Preliminary Merit Assessment. Call 085 804 1664.
Frequently asked questions
How do I know if I have a medical negligence case in Ireland?
It is assessed on two questions — whether the standard of care was met, and whether any failing caused the harm. Both generally require an independent medical expert opinion based on your records. A poor outcome alone does not establish a case.
Why is an independent expert report so important?
An independent expert, not involved in your care, reviews the records and gives an opinion on the standard of care and causation. This opinion is central to assessing whether a matter merits further investigation; without supportive expert opinion a matter generally does not proceed.
What is the first step?
A confidential consultation with a solicitor of your choice, followed where appropriate by a medical records request and review and a preliminary merit assessment.