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

  • Supported and represented the family of a woman who died from breast cancer after a delayed diagnosis to obtain a substantial settlement and a public apology from the HSE in 2024.
  • Secured a verdict of medical misadventure at an inquest in 2023. The Dublin District Coroner considered the submissions made by Counsel upon my instructions in reaching her verdict of medical misadventure.
  • Substantial High Court settlement and apology from the HSE in 2023 for a woman who sued the HSE for a breach of duty of care and duty of candour after losing her first child in 2007. It was discovered that there was a failure to identify and appropriately manage a non-reassuring CTG trace that was carried out on the client in a maternity hospital. The CTG had warranted medical review.
  • Six figure settlement in 2022 for a young active man who suffered extensive deep vein thrombosis due to substandard care during vascular surgery.
  • Settlement in 2022 for a gentleman who was not given informed consent in respect of a common surgical risk of digital nerve injury which occurred.
  • High Court six figure settlement in 2022 for a young woman who was born with a brachial plexus injury due to alleged substandard care at the time of her birth.
  • 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.

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

John is always great to return calls. He has great time for his clients and gets things done.

An outstandingly enthusiastic, committed and caring solicitor, with integrity, kindness and an ability to genuinely empathise with you.

John was outstanding. He was very professional and nice to deal to deal with. The only way to improve the service would be for them to move closer to Kerry!

John was lovely and easy to get on with. The service was excellent. The best things were that everyone was polite and keeping me informed.

John was very professional and honest and the service I received was very friendly and helpful

John was amazing! The service was excellent, really efficient and professional. He explained everything and was so nice to me

Other Team Members

Ita Barrett

OFFICE MANAGER

Robert Bourke

Partner

William Donovan

SOLICITOR

Raylene Downes

LEGAL COSTS SPECIALIST

Clíodhna Finnin

Solicitor

Sean Fitzgerald

PARTNER

Get in touch

Nationwide services with dedicated offices in

Dublin

2-4 Ely Place, Dublin 2, D02 FR58

Limerick

Bishopsgate, Henry Street, Limerick, V94 K5R6

Cork

1A South Mall, Cork, T12 PV44

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