Medical negligence medical malpractice clinical negligence Galway solicitors Dublin

Medical Negligence occurs when a doctor or medical attendant makes a mistake which results in an injury to their patient.
We handle a range of Medical Negligence cases on a daily basis such as: –


I found when you dealt with clients it was done in a very caring manner as in you knew what the client wasgoing through,
Keep up the good work. Thanks

Would recommend all at Berwick Solicitors Galway. Very helpful and friendly staff.
Honest and approachable. Very happy with the outcome of my case.

Thanks to everyone at Berwick Solicitors for the successful outcome of my case. My case was dealt with in a very professional way. You were helpful and understanding of my injuries.

I would like to thank Berwick Solicitors for your help with my case. The results were outstanding and I appreciate your honesty and support. I am pleased with the outcome and your handling of my case.
Martin Kerrigan has been an excellent source of help in this case. He always made me feel super comfortable when decisions had to be made. He would always explain all situations to me and gave me plenty of time before making any decisions and that is all the customer needs. 
I will gladly recommend your services to any of my friends or family that may ever need it.
Thank you again for all the staff that contributed for the success of this case.

When I first considered approaching a solicitor in regards to an injury I suffered, I wanted to find a solicitor who was straight talking, genuine and trustworthy. I Berwick Solicitors, I found the perfect combination of calmness, consideration and communication. I found them reassuring and thoughtful, fully explaining the process and constantly keeping me informed.

We at Berwick Solicitors, have over 30 years’ experience in the area of medical negligence claims and have dedicated Solicitors who specialises in medical malpractice (medical negligence). We understand that injuries arising from medical negligence can be devastating. The result can have long term effects on a person’s life. We take the time to get to know you, your injuries and how your life has been affected. Because we are specialists, we can guide you through every step of your case. We have helped many people throughout Ireland in medical negligence cases. Please see our testimonials to find out what our clients say.

If you think you have a claim for Medical Negligence / Medical Malpractice / Clinical Negligence, and want legal advice, please feel free to contact Martin Kerrigan of Berwick Solicitors for a no obligation consultation. We can offer you the support you need to pursue your claim.

Medical Negligence / Medical Malpractice / Clinical Negligence – Frequently Asked Questions

A case for Medical Negligence / Medical Malpractice / Clinical Negligence must be taken within two years of the date on which the injury was sustained or from the date of knowledge that a breach in duty of care occurred.

No, unlike other personal Injury claims arising out of accident claims or negligence claims, an injury claim for Medical Negligence / Medical Malpractice / Clinical Negligence is not submitted to the Injuries Board. Most injury claims for Medical Negligence are processed through the Circuit Court or the High Court depending on the level of damages anticipated in each case. They seldom go through the District Court and never through the small claims court.

If you think you may have a claim arising out of medical negligence / medical malpractice / clinical negligence, you should immediately contact Berwick Solicitors – Medical Negligence Solicitors, for legal advice. Failure to contact us immediately could result in you being prohibited from taking a medical negligence case. We will review the details of your treatment with you and provide you with legal advice.

The High Court has made it very clear that before issuing proceedings for medical negligence / medical malpractice / clinical negligence, a report must first be obtained from an independent medical expert. This report will state if there is a probable case. While this is an expense at the very beginning of the case, it does have the advantage of confirming whether you have a good case or not. It is better to find out that you do not have a case at an early stage than to find out at a much later stage. We will provide you with further legal advice on this issue.

1. Medical negligence cases are usually more complex. In car accident claims where the driver of one motor vehicle is claiming for personal injuries from the driver of another motor vehicle, the first question that the court has to determine is which party is liable. In such a case liability would be determined by reference to witnesses to the accident, Garda reports, photographs of the damage to the vehicles involved, and sketches of the scene of the accident.
However in a medical negligence claim, it is often very difficult to determine whether a healthcare provider has been negligent in the treatment of his/her patient. It can often be the
case that when a patient is receiving treatment a complication can arise such as an unknown or unforeseen allergy to medication thus causing the injury complained of.
The plaintiff, the person taking the claim, has a number of legal hurdles to overcome in order to succeed in his or her case.

2. To succeed in a medical negligence claim, a plaintiff must establish all four elements of the tort of negligence.

(i). A duty of care was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.

(ii). A duty of care was breached: the health care provider failed to conform to the relevant standard of care.

(iii). The breach in duty of care caused a personal injury: The breach of duty of care was a proximate cause of the injury.

(iv). Damages: Without damages (losses which may be financial or emotional), there is no basis for a personal injury claim, regardless of whether the medical provider was negligent.

Medical negligence awards in Ireland may include compensatory and punitive damages. Compensatory damages are both general and special damages. Special damages include financial losses such as loss of earnings, medical expenses and care expenses. These damages may be assessed for past and future losses. General damages are assessed for the injury itself.
Punitive damages (also known as exemplary damages) are only awarded in the event of wanton and reckless conduct.

No-win-no-fee is a term that is used to describe how solicitors charge in personal injury cases. Personal Injury Solicitors frequently offer a no-win-no-fee service to their clients. It means that unless you succeed in your case, you do not pay your Solicitor’s legal fees.

Personal Injury Solicitors in Ireland are not permitted to include any words or phrases which suggest that legal services relating to a compensation claim will be provided on a no win no fee basis. This is provided for in the Solicitors (Advertising) Regulations, 2002. Personal Injury Solicitors in Ireland are entitled however to offer a no-win-no-fee service in personal injury cases. It is important that before you engage your personal injury solicitor, that you query legal fees.

In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect or legal services that the legal practitioner provided to the client.