Medical negligence · Ireland
If you think something went wrong with your medical care
You don't have to be sure. Most people aren't. They just know something doesn't add up, and nobody has given them a straight answer about it.
That is exactly the point at which it is worth asking.
Question 1 of 7
What happened?
Three minutes, in your own words. Nothing is sent until you choose to send it.
Or call Daniel on 086 076 2191, answered directly, 24 hours a day.
- Daniel Kreith, BCL (Law)
Admitted to the Roll of Solicitors - Law Society of Ireland, Reg. No. S24260
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Castletroy, Limerick V94 Y6FD
Is this the kind of thing you mean?
People usually think their situation is too small, too old, or too hard to prove. Most are wrong about at least one of those. Some of what we are asked about:
- A cancer that was visible on an earlier scan or smear, and nobody acted on it
- Sepsis sent home from an emergency department as a virus
- Symptoms dismissed three or four times before anyone took them seriously
- A birth that went wrong, and still nobody has explained why
- An operation that left damage you were never warned about
- A relative who died in hospital, and the explanation never made sense
- Dental work that caused lasting nerve damage
- Pressure sores that developed while someone was being cared for
- An infection picked up in hospital that changed everything afterwards
If yours is not on that list, it does not mean it does not count. These are examples, not limits.
Tell Daniel what happened →Tell Daniel what happened
As much or as little as you want. You can stop at any point, and nothing is sent until you press send.
What you write is treated in confidence.
One solicitor, start to finish
Medical negligence work is usually done by large teams. The person who answers the phone is not the person handling the file, and the person handling the file changes more than once over the years it takes.
That is not how this works.
Daniel Kreith is a sole practitioner and takes a limited number of these cases at a time, for the straightforward reason that they need close attention over several years. The solicitor who reads your enquiry is the solicitor who would run your case.
You will not be asked to explain what happened to you to someone new every time you make contact.
Daniel is reachable on 086 076 2191 at any hour, including out of hours. That is how the practice already runs.
Daniel Kreith, Solicitor. Regulated by the Law Society of Ireland, Registration No. S24260.
What happens after you send it
- 01
Daniel reads it himself.
Not a screening system, not an assistant.
- 02
He comes back to you to talk it through.
What you have described, what it might mean, and what would have to happen next.
- 03
You decide whether to go any further.
No obligation after that conversation, and no pressure to continue.
If it is not a case, you will be told that plainly, and told why. That is more use to you than being kept hopeful.
What this will cost you
The first conversation costs you nothing, and you are not committed to anything by having it.
If the case is worth investigating, the main early cost is an independent medical expert's report. Medical negligence claims cannot be assessed without one, and they are not cheap. Before any work begins you will be given a written notice setting out what the work will cost and how it is calculated. That is required by law under section 150 of the Legal Services Regulation Act 2015, and you should expect it from any solicitor you speak to.
What you will not get here is a figure plucked from the air. Until the records have been read and an expert has given a view, nobody can honestly tell you what your case is worth, and anyone who does is guessing.
2
years
There is a time limit, and it is shorter than people expect
The general limit in Ireland is two years. It runs from the date of the treatment, or, if you did not know at the time, from the date you first knew, or ought reasonably to have known, that you had been harmed and that the harm was connected to your treatment.
Different rules apply where the person harmed is a child, or lacks capacity.
If you think you may be close to the limit, or you cannot work out when it started running for you, say so when you get in touch and it will be looked at first.
How time limits work in detail →What actually has to be shown
A poor outcome is not the same as negligence. Treatment can be carried out properly and still not work, and that on its own is not a claim.
The legal question is narrower. Did the care fall below the standard a reasonably careful practitioner in that field would have provided, and did that failure cause harm that would not otherwise have happened?
That cannot be answered from a phone call. It takes your medical records and the opinion of an independent medical expert, and arranging both is the solicitor's job, not yours.
So the first conversation is not about proving anything. It is about understanding what happened and working out whether it is worth looking into properly.
The questions people usually hesitate to ask
- Will I have to go to court?
- Most medical negligence claims in Ireland settle without a full hearing. Some do go to court. You would never be in that position without knowing well in advance, and without having decided to be.
- How long will this take?
- Longer than you want. These cases usually run for years rather than months, because records have to be gathered, experts instructed, and the other side given time to respond. Anyone promising speed is not being straight with you.
- Will my doctor or hospital find out?
- Yes. A claim cannot be investigated without requesting your records and putting the allegation to the people involved. That is unavoidable, and it is better to know it now than later.
- Can I still be treated at that hospital?
- You remain entitled to medical care. Making a complaint or a claim does not change your right to treatment.
- Does making a claim get anyone disciplined?
- No. A negligence claim is a civil action about compensating harm. Complaints about a practitioner's fitness to practise are a separate process through the Medical Council, and the two can run independently of each other.
- What if I only want an explanation, not money?
- That is a common reason people get in touch, and a legitimate one. Say so at the outset and it will shape how the matter is approached.
- What if I am not the patient?
- Close family members can bring claims in certain circumstances, including after a death. If you are enquiring on behalf of someone else, say who you are to them.
Still not sure whether it is worth asking?
That is the most common reason people never ask at all, and the time limit runs either way.