Reviewed by: Áine McSweeney
Review Date: 08 August 2026
A serious injury after medical treatment can leave you with more than questions about your health. You may be unable to work, need help with everyday tasks or be worried about what the years ahead will bring.
If you’re looking for personal injury solicitors in Ireland because you believe medical care caused lasting harm, you don’t need to work out the legal position alone.
HOMS Assist will listen to your concerns and explain what needs to be investigated. Our medical negligence team helps you understand the evidence, your options and the steps ahead.
A medical negligence claim must establish that care fell below the legally required standard and caused injury or additional harm. When the injury is complex, the investigation also needs to address its lasting consequences, including future treatment, care and financial losses.
What makes a medical negligence claim complex?
Complexity can come from the injury, the care you received or both.
You may have a brain injury, spinal injury, permanent nerve damage or complications requiring further surgery. Your treatment may have involved several hospitals or medical specialties. An existing illness may make it harder to identify which difficulties resulted from your condition and which were caused by the care.
The investigation needs to establish what happened, what harm any negligent care caused and what support that harm will require.
For example, someone with permanent nerve damage after surgery may need separate assessments of the surgical care, the cause of the damage and its effect on their ability to work. A care assessment may also be needed if they require help at home.
When could a serious injury support a medical negligence claim?
A serious injury does not, by itself, establish negligence. Treatment can have an unsuccessful outcome even where appropriate care was provided.
For diagnosis and treatment, the Irish legal test broadly asks whether the professional made a failure that no practitioner of equal status and skill, exercising ordinary care, would have made in those circumstances. Independent medical evidence is central to assessing that question.
There must also be a connection between the failure and the injury claimed. This is called causation. In plain language: did the negligent care cause your injury or make your condition worse?
You don’t need to answer those questions yourself before seeking advice. They are the questions an investigation needs to address.
Types of complex medical negligence claims
The examples below show how concerns about care can connect with lasting injuries. Each requires its own medical and legal assessment.
| Concern about care | Possible lasting consequences | What needs investigation |
|---|---|---|
| Delayed or missed diagnosis | Additional illness, more extensive treatment or permanent impairment | Whether earlier investigation or treatment was required, and how it would have affected the outcome |
| Surgical or postoperative care | Nerve or organ damage, further operations or reduced mobility | The procedure, follow-up care and whether any failure caused the injury |
| Birth or maternity care | Serious injury to a mother or baby, including long-term disability | Monitoring, clinical decisions, timing of treatment and the cause of the harm |
| Medication or anaesthetic care | Lasting injury or complications requiring further treatment | Prescribing, administration, monitoring and the connection with the injury |
| Failure to recognise deterioration | Serious consequences following a delay in treatment | Whether warning signs required action and whether timely action would have prevented or reduced the harm |
Concerns about consent may also require investigation, including whether you received sufficient information about relevant risks and alternatives before deciding on treatment.
Unsure whether your experience could support a claim? Contact HOMS Assist. We’ll listen and explain what needs to be considered.
How HOMS Assist approaches a complex injury claim
Start with your concerns and the important dates
We’ll ask what happened, when you became aware of the injury and how it has affected your life.
Checking the potential legal deadline is an early priority. We’ll also explain the proposed work and costs so you can make an informed decision about proceeding.
Establish what the medical records show
With the necessary authority, we’ll obtain relevant records and review the sequence of care. These may include consultation notes, scans, test results, operation records and follow-up correspondence.
Your account helps us understand your experience alongside the clinical history recorded in your notes.
Obtain evidence that answers the right questions
Different experts may be needed for different parts of your case:
- An expert in the relevant treatment specialty can assess the standard of care.
- An expert addressing the resulting injury can consider its cause, severity and likely course.
- Care, rehabilitation or occupational experts, where appropriate, can assess practical support needs.
- Financial experts, where needed, can help calculate future losses.
Experts give independent opinions. We’ll explain their findings, including any uncertainty or evidence that does not support the claim.
Assess the consequences over time
The evidence may need to address your ability to work, ongoing assistance and home adaptations. If your condition is still developing, further assessments may be needed to understand your long-term position.
Medical negligence experience in practice
In a published HOMS Assist case study, a client experienced serious complications following gynaecological surgery. The claim concerned the surgical technique and the information provided before treatment.
The team reviewed records, obtained expert medical evidence and negotiated a High Court settlement without an admission of liability.
The example illustrates why a complex claim may require investigation of several issues within the same course of care. Every case depends on its own evidence; a previous settlement does not establish another claim’s outcome or value.
What can personal injury compensation cover?
Compensation advice should address the harm caused by negligence and its effect on your whole life.
Depending on the evidence, personal injury compensation may include:
- Pain, suffering and loss of enjoyment of life.
- Past and future medical treatment and rehabilitation.
- Necessary care and assistance.
- Lost earnings and limitations on what you can earn in the future.
- Appropriate equipment, mobility aids and home adaptations.
- Other reasonable injury-related expenses.
Compensation for pain and suffering is commonly called general damages. Financial losses and expenses are commonly called special damages, which can include future losses.
An estimate based only on the diagnosis can miss important needs. Similar injuries can have different consequences for someone’s work, independence and future care.
We’ll explain which losses may form part of your claim and what evidence is needed to support them.
What is the time limit for medical negligence claims in Ireland?
For adults, the general limitation period is two years from when the legal claim arose, or the date of knowledge if later.
The date of knowledge concerns awareness of a significant injury, its connection with the relevant act or omission and the identity of the appropriate parties. It also takes account of facts you could reasonably have been expected to discover.
You do not need confirmation that the care was legally negligent before the limitation period can begin.
Different rules can apply to children and people under a legal disability. A serious injury does not automatically extend the deadline.
Making a complaint, requesting records or contacting a solicitor does not, by itself, stop time running. Seek advice promptly so the deadline can be assessed and the necessary steps taken to protect your position.
Do medical negligence claims go through the Injuries Resolution Board?
No. Medical negligence claims are excluded from the Injuries Resolution Board assessment process.
Where the evidence supports a claim, court proceedings may be necessary. Settlement discussions or mediation may also be appropriate. Starting proceedings does not necessarily mean your case will reach a trial.
We’ll explain the available options and advise you on any proposed settlement.
What should you ask about legal costs?
Complex claims can involve several expert reports. Understanding the costs is part of deciding how to proceed.
Irish solicitors must provide clear written costs information, commonly known as a Section 150 notice. This includes the basis of the charges and, where litigation is involved, relevant information about potential liability for another party’s costs.
We’ll explain:
- The proposed legal fees and how they are calculated.
- The likely cost of expert reports and other expenses.
- When payments may be required.
- The circumstances in which you could face additional costs.
You should understand any proposed arrangement before agreeing to it, including what happens if the claim does not succeed.
Questions you may have before contacting us
Can I seek advice while treatment is continuing?
Yes. You do not need to wait until treatment ends before seeking legal advice. The investigation and assessment of your future needs may develop as more medical information becomes available.
Do I need all my medical records first?
No. Bring any letters or records you already have, but you can contact us before obtaining a complete set. We’ll explain which records are relevant and how they can be requested.
What if I already had an illness or disability?
An existing condition does not automatically rule out a claim. The investigation needs to establish whether negligent care caused additional harm or made your condition worse, and identify the consequences attributable to that harm.
Talk to the specialist team on your side
Choosing Irish solicitors for a complex claim means considering their experience of both medical negligence and lasting injury.
At HOMS Assist, we’ll listen to your experience, explain the evidence in plain language and guide you through the decisions ahead. We support clients across Ireland, with offices in Dublin, Limerick and Cork.
Your first conversation is a chance to tell us what happened, discuss the important dates and understand possible next steps.
Contact HOMS Assist or call 1800 207 207 to discuss your concerns.
This article provides general information about Irish law. Advice on your circumstances is needed to assess a potential claim and its deadline.
