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Emergency departments and hospital wards are high-pressure environments, and most care meets a good standard. But if you believe care fell below an acceptable standard and caused harm, you may want to understand your position. a solicitor you instruct can help you understand your options.
Common concerns in this area
A symptom or test result not acted on, a delayed or missed diagnosis in A&E, a deterioration not escalated, medication errors, infection management, or discharge before it was safe. Whether the standard of care was met can only be assessed after the records are reviewed and an independent expert gives an opinion.
The standard the law applies
Irish law assesses care against the Dunne standard — whether a reasonably competent practitioner of the same specialty would have acted differently. A poor outcome alone is not enough; the question is about the standard of care and whether any failing caused the harm.
Time limits
In most cases proceedings must be commenced within two years of the act complained of or the date of knowledge. Because harm can become apparent later, acting early protects your position.
How we can help
A confidential consultation, a medical records request and review, and a preliminary merit assessment. If a matter proceeds, the engagement and fees are agreed in writing in advance.
Read our guide to a confidential consultation with a solicitor of your choice or call 085 804 1664.
Frequently asked questions
What counts as hospital or A&E negligence in Ireland?
It depends on whether the care fell below the standard of a reasonably competent practitioner in the same specialty and whether that failing caused harm. Common concerns include missed or delayed diagnosis, failure to escalate a deteriorating patient, medication errors and unsafe discharge. Each requires record review and independent expert opinion.
Can a busy emergency department be a defence?
The legal question is whether the standard of care was met in the circumstances. Pressure and resources form part of the context an independent expert considers, but they do not automatically excuse care that fell below the accepted standard.
How soon should I seek advice?
Early. The usual time limit is two years from the act complained of or the date of knowledge, and gathering records and expert evidence takes time.