Rachael O’Shaughnessy

I am a Partner at HOMS Assist and joined the firm in 2015 having trained and worked in a leading international law firm.

Specialising in medical negligence and personal injuries litigation, I represent private clients in the Circuit Court, High Court and Court of Appeal and have experience in mediation.

I deal with medical negligence claims arising from the administration of incorrect medical treatment, misdiagnosis or failure to make a diagnosis, surgical errors and hospital clerical errors, as well as acting in dental negligence cases. I am also skilled in dealing with fatal injuries claims as a result of medical negligence and advise and provide representation at Coroners’ inquests.

Practising in all areas of personal injury litigation I secure the best outcomes for my clients in road traffic accidents, public liability, product liability (including medical devices), employer’s liability, accidents abroad and maritime claims. In particular, I also specialise in serious and catastrophic injuries including brain injuries, spinal injuries and loss of limbs. I advise clients on applications to the Injuries Board including fatal injury claims and claims made on behalf of minors.

I have previously advised leading insurers in respect of liability and coverage issues from pre-action through to trial in the non-jury list and have also provided non-contentious advice in respect of policy wording and legislation.

When I am not at the desk or in court you might find me sitting on the Darkness into Light Limerick City Committee for Pieta House or trying my hand at tennis.

Recent Work

  • Recent High Court settlement for client who sustained an ankle injury and attended at her local emergency department for treatment. However, there was a breach of duty of care by the hospital in relation to two attendances which constituted negligence and as a result of which she sustained unnecessary pain and suffering.

  • High Court settlement in 2021 for a road traffic accident victim who sustained injuries including a mild traumatic brain injury. Liability was admitted in respect of the accident but causation as to the brain injury in particular was a major issue.

  • High value undisclosed settlement and apology from the HSE for widow whose husband died as a result of deficits of care at the University Hospital Kerry which resulted in his untimely death.

  • High Court settlement for a road traffic accident victim who was an MS sufferer. Liability was admitted in respect of the accident but causation as to our client’s injuries was at issue. Expert medical evidence was crucial.

  • Settlement in 2021 for a patient who was prescribed the correct medication but was dispensed the incorrect medication by a pharmacist. The patient took the incorrect medication that she thought she had been prescribed for almost two weeks and became more unwell as a result. We at HOMS Assist succeeded in securing an early settlement without having to wait for the case to be assigned a hearing date.

  • High Court settlement in 2021 for a patient who did not receive adequate information on her procedure to allow her to give fully informed  consent before an elective surgery at the Cork University Maternity Hospital. Although the claim was contested in full the team at HOMS Assist succeeding in securing a High Court settlement on a without prejudice basis for the patient together with her legal costs.

  • Settlement in 2019 for a gentleman whose assessment at a local A&E was insufficient resulting in a foreign object being left in his hand. The Radiology review was alleged to be inadequate.

  • Settlement in 2018 for a vulnerable woman who had been prescribed the wrong medication by a specialist resulting in personal injury.

  • Six figure global settlement in respect of two High Court Personal Injury actions and a Circuit Court Fatal Injury action arising out of the death of a new-born infant alleged to have been caused due to the failure of the Maternity Hospital Limerick to provide proper obstetric, midwifery and paediatric care to the baby’s mother and to the baby, in its failure to properly monitor the mother’s labour and in its failure to effect a swift and safe delivery of the baby once it became evident that she was in distress.

  • Six-figure settlement in February 2016 in relation to a gentleman who sued the HSE over his diagnosis, treatment, management and care and, in particular, an operation where his larynx was removed at the University Hospital Limerick in January 2011. There had been an alleged three-month delay in performing a second biopsy of his vocal cord. The second biopsy was ordered by a surgeon and was supposed to be carried out in October 2010 but was cancelled and rescheduled for January 2011. The High Court claim also alleged failure to discuss treatment options available before carrying out radical head and neck surgery when, it was alleged, it was unreasonable and inappropriate to do so. Liability had been admitted in the case and it was before the High Court for assessment of damages only. Experts for the Plaintiff believed the cancer could have been treated with a combination of chemotherapy and radiotherapy.

  • Settlements in 2018 and 2016 for mothers who were injured during labour when birthing balls burst at a local maternity hospital.

Rachael is incredible:-she put everything in terms that could be understood and was always available. Her secretary, Edel was professional, patient and kind.

Anna , Limerick

From the start, they kept me up to date constantly, answered all my queries no matter how big or small and provided me with expert advice their reputation gives them.

KS , Limerick

The best thing about the service was efficiency. I always got to speak to somebody. The result Rachael achieved was exceptionally good and the case took the time I was told it would take.

Kevin , Limerick

The very best law firm one could deal with. Their professionalism, courtesy, response times, attention to detail and customer care are second to none.

Edmond , Limerick

Thank you Rachael, for your tireless and efficient work you did on my behalf last year. I can’t tell you how welcome it was to receive the final proceeds of my case days before Christmas.

, Limerick

Thank you Rachael, for all your help & professionalism over the last number of years. Thank you to Robert & all the team who worked of my behalf. I would highly recommend you to family & friends.

Peter , Limerick

I couldn’t recommend Rachael, Edel and the rest of the staff highly enough. Thanks for all your help.

KS , Limerick

Education, Awards & Accolades

  • First Class Honours LLB, University of Limerick
  • Admitted to the Roll of Solicitors in Ireland, Law Society of Ireland
  • Healthcare Law Diploma, Law Society of Ireland
  • Employment Law Diploma, Law Society of Ireland
  • Committee Member, Limerick Solicitors Bar Association
  • Committee Member, Darkness into Light, Limerick City

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