Clinical Negligence in Ireland: Overcoming the Dunne Test for Medical Malpractice
Clinical Negligence in Ireland: Overcoming the Dunne Test for Medical Malpractice
Medical negligence actions in Ireland are governed by the landmark Dunne principles. A doctor is not negligent unless they acted with such failure as no medical practitioner of equal specialist status and skill would be guilty of if acting with ordinary care. Because PIAB does not assess medical malpractice, cases proceed directly to the High Court.
Statutory Citations: Dunne v National Maternity Hospital [1989] IR 91, Civil Liability (Amendment) Act 2017 (Pre-action Protocols & Periodic Payment Orders).
Key Takeaways
- Statutory compliance under Dunne v National Maternity Hospital [1989] IR 91 is mandatory for all claimants and legal practitioners.
- Direct financial recovery is subject to IE statutory caps, scale schedules, and oversight.
- Strict limitation periods apply; missing formal filing deadlines permanently extinguishes the right to claim.
- Free initial consultation and verified regulatory standing (SRA / State Bar / Law Society) must be confirmed prior to retaining counsel.
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