CURRENT LEGAL ARTICLES

Dylan Green | Green & Associates Solicitors | Updated 28th March 2025

What happens when a trusted public hospital makes a life-altering mistake? Public trust in healthcare systems has come under increasing scrutiny in recent years, particularly as compensation payouts for medical negligence continue to rise. According to the State Claims Agency’s 2023 Annual Report, the Health Service Executive (HSE) paid out over €128 million in clinical claims last year alone — a figure that highlights the serious nature of preventable harm in Irish hospitals. In the UK, the situation is even more stark: NHS Resolution reported more than £2.6 billion in compensation and legal costs paid out by the National Health Service (NHS) in its most recent 2023–2024 report.

These figures are more than just statistics. They reflect a growing trend where patients and families are pursuing legal action after experiencing misdiagnoses, surgical errors, or substandard treatment in public hospitals. For many, it’s not only about financial redress — it’s about seeking answers, justice, and closure.

Whether your experience involved the HSE in Ireland or the NHS in the UK, patients are asking critical questions:

• Can I make a claim for medical negligence?
• What compensation might I be entitled to?
• How are recent payouts influencing the legal landscape?

In this blog, we explore what patients need to know about making a compensation claim against the HSE or NHS, how damages are assessed, and the role of experienced solicitors in helping victims pursue justice.

Compensation claims against the HSE in Ireland or the NHS in the UK arise when a patient suffers harm due to a breach of duty of care. In legal terms, this refers to care that falls below the standard expected of a reasonably competent medical professional, resulting in injury, illness, or loss.

Common examples of medical negligence include:

• Delayed or incorrect diagnosis
• Surgical mistakes or retained foreign objects
• Medication errors or dosage issues
• Negligent maternity care
• Inadequate monitoring after surgery

In Ireland, these claims are typically brought against the HSE, with cases defended by the State Claims Agency. In England and Wales, similar claims are handled through NHS Resolution. While both are public healthcare systems, the legal processes differ: Irish claims are governed by the Civil Liability and Courts Act 2004, which outlines procedural rules, including early disclosure of expert reports.

Patients in Ireland generally have two years from the date they become aware of the injury to initiate a claim. This timeframe can vary in certain situations, such as when the injured party is a minor or when the harm is only discovered later.

This discussion relates specifically to claims involving public healthcare providers such as the HSE and NHS. Cases involving private hospitals or consultants are subject to different legal considerations and are outside the scope of this overview.

The financial cost of medical errors continues to rise sharply across both Ireland and the UK, highlighting ongoing concerns around clinical negligence, hospital safety, and healthcare system accountability. Here’s what recent figures reveal:

According to the State Claims Agency, over €128 million was paid out in 2023 in clinical negligence claims against the Health Service Executive (HSE). These claims reflect serious and often preventable incidents across key areas of healthcare.

The most common categories of litigation include:

• Maternity and birth injuries
• Misdiagnosis of cancer and other serious illnesses
• Surgical complications
• Delayed or inadequate treatment in A&E departments

In one 2023 case, a family was awarded €10 million following a catastrophic birth injury at a maternity hospital in Dublin — a tragic example of the long-term consequences families face due to medical errors.

In the UK, the NHS paid out over £2.6 billion in compensation and legal costs during 2023–2024, according to NHS Resolution. This figure reflects not only the high volume of claims but also the increasing complexity and severity of reported cases.

Maternity care continues to be an area of major concern, with multiple high-profile investigations — including at Shrewsbury and East Kent NHS Trusts — exposing repeated failures in patient safety and oversight. These cases have led to widespread public outcry, multi-million-pound settlements, and growing pressure on the NHS to implement systemic reforms.

Across both jurisdictions, the trend is clear: rising payouts are not only driving up healthcare costs but also signalling an urgent need for improved clinical standards and patient protections. Legal scrutiny is intensifying — and for good reason.

Patients who suffer harm due to substandard treatment in public hospitals or HSE-run facilities may have legal grounds to pursue compensation. Clinical negligence claims often arise in high-risk areas of care where even a small oversight can have devastating consequences.

Some of the most common types of HSE-related medical negligence claims include:

• Maternity negligence – including oxygen deprivation during birth, mismanaged labour, or undetected foetal distress
• Misdiagnosis or delayed diagnosis – particularly of life-threatening conditions like cancer or cardiac issues
• Surgical errors – such as operating on the wrong site, internal injury, or leaving surgical instruments inside the patient
• Medication mistakes – involving incorrect prescriptions, dosage errors, or adverse drug interactions
• Emergency room failures – where symptoms are missed or patients are discharged prematurely without proper investigation
• Negligent nursing or community care – especially involving elderly, disabled, or vulnerable individuals under long-term HSE care

These incidents are not merely unfortunate. They are frequently avoidable and may represent serious breaches of medical duty, potentially giving rise to a valid legal claim for damages.

For more examples and legal commentary on how these claims arise and are handled in Ireland, see our guide on Medical Negligence in Ireland: Latest Trends and High-Profile Cases in 2024.

Pursuing a medical negligence claim against the HSE is not only emotionally draining — it can also involve considerable legal complexity. Many patients are already under stress due to the harm they’ve suffered, and the process of seeking justice often adds further pressure.

Common challenges include:

• Difficulty accessing medical records – delays in obtaining full and accurate records can slow down the preparation of a claim
• Establishing causation – patients must prove that the injury was directly caused by negligent treatment, which often requires expert medical opinion
• Adversarial legal process – the HSE is defended by the State Claims Agency, and claims are often contested vigorously
• Delays in resolution – medical negligence cases may take several years to resolve, particularly where multiple experts or court hearings are involved
• Emotional and financial strain – especially for patients requiring long-term care or facing loss of income due to the injury

Under Irish law, there is a two-year time limit to initiate legal proceedings in most medical negligence cases. This limitation is set out in the Civil Liability and Courts Act 2004 and generally starts from the point at which the patient becomes aware — or ought to have become aware — of the injury and its potential connection to negligence. In certain circumstances, such as cases involving minors or delayed discovery, the timeframe may be extended.

Understanding these challenges early can help protect your rights and ensure that any legal claim is brought forward within the appropriate timeframe.

Compensation in medical negligence cases is carefully assessed based on the individual circumstances and the overall impact the injury has had on the patient’s life. The courts consider both the tangible losses and the longer-term effects of the harm caused.

Payouts may include:

• General damages – to compensate for physical and emotional suffering, along with any lasting impact on quality of life
• Special damages – covering expenses such as medical treatment, rehabilitation, travel costs, and necessary home adjustments
• Loss of earnings – reflecting income lost as a result of the injury, including future earning capacity
• Future care needs – ongoing support such as therapies, assistive equipment, or home care services
• Psychological harm – including anxiety, depression, or post-traumatic stress following negligent treatment

While Ireland no longer relies exclusively on the Book of Quantum, which was repealed in 2021, compensation is still guided by principles reflected in recent High Court decisions. These cases help solicitors and judges determine fair and proportionate awards based on the specific harm suffered.

Ultimately, the goal is not just financial compensation — it is to recognise the full impact of the injury and support the patient’s recovery, dignity, and independence.

Medical negligence claims are among the most complex areas of personal injury law. Navigating clinical records, expert opinions, and legal procedures requires not only legal skill but also sensitivity and precision. That’s why working with a solicitor experienced in medical negligence is essential.

A specialist solicitor can:

• Review your medical history and treatment timeline to identify where the standard of care may have fallen short
• Instruct independent medical experts to provide reports supporting the claim
• Draft formal letters of claim and initiate legal proceedings within the required timeframes
• Negotiate settlements with the HSE or NHS, or prepare the case for court if necessary
• Advise on realistic compensation ranges, informed by recent case law and legal precedent

Seeking advice early in the process is critical. A solicitor can ensure that vital evidence is preserved, timelines are met, and your rights are fully protected. Without legal support, there’s a serious risk of missing deadlines, undervaluing a claim, or facing unnecessary delays in receiving justice.

At this stage, having the right legal guidance can make the difference between a lost opportunity — and a successful outcome.

Public healthcare systems like the HSE and NHS are essential pillars of society — delivering vital care to millions. However, when mistakes occur, patients are entitled to seek answers, accountability, and fair compensation for the harm caused.

The rise in compensation payouts across Ireland and the UK reflects more than just increasing litigation. It highlights deeper concerns around patient safety, clinical standards, and the systems in place to prevent avoidable harm.

When negligence leads to serious injury, delay, or loss, asserting your legal rights isn’t just justified — it’s necessary. Pursuing a claim can bring not only closure and support but also contribute to improving standards within the healthcare system for others.

If you’ve been affected by substandard medical care, it’s important to understand your options — and to act within the time limits set out under Irish law. With trusted legal advice, patients and families can move forward with clarity, confidence, and the support they deserve.

At Dylan Green & Associates, we understand the sensitive and often life-altering nature of medical negligence cases. Whether your treatment occurred at a hospital in Cork or another HSE facility in Ireland, we are here to support you with professionalism, discretion, and clarity.

We offer:

• Proven experience in public hospital negligence litigation
• Strategic legal advice backed by ISO 9001-accredited quality standards
• Compassionate, client-focused service from your first consultation to final resolution
• National recognition, including multi-category finalist honours at the Irish Law Awards
• Transparent communication throughout every stage of your case

Our role goes beyond securing compensation — it’s about helping you find answers, closure, and long-term support when you need it most.

If you or a loved one has suffered harm due to negligent treatment under the HSE or NHS, don’t delay. Contact Dylan Green & Associates to discuss your case in complete confidence. Our experienced team is ready to guide you through your legal options — with the care, clarity, and commitment you deserve.

The information provided in this blog is intended for general informational purposes only and does not constitute legal, medical, or professional advice. While Green & Associates Solicitors has made every effort to ensure the accuracy and relevance of the content at the time of publication, it may not reflect the most recent legal developments, healthcare guidelines, or case outcomes in Ireland or the UK.

Every medical negligence case is unique. The examples, explanations, and insights shared here are provided to help readers understand general legal principles but should not be interpreted as legal advice. If you or a loved one has experienced harm under the care of the HSE or NHS, we strongly recommend seeking tailored legal guidance from a qualified solicitor.

Reading this blog does not create a solicitor-client relationship with Green & Associates Solicitors. Legal outcomes depend on the specific facts and circumstances of each case, and relying solely on the information presented may result in misunderstandings or incorrect assumptions about your rights or entitlements.

Green & Associates Solicitors accepts no responsibility for any loss, damage, or action taken in reliance on the content of this article. For personalised advice and legal representation, please contact our office directly to arrange a confidential consultation with an experienced member of our team.