The law of tort governs the framework for medical negligence claims. To succeed in a medical negligence action, the plaintiff must prove that a duty of care exists between the plaintiff and a healthcare provider, and that there has been a breach of that duty, causing the plaintiff's injuries. For guidance on the framework for claims in medical negligence claims, see Practice Note: Healthcare enforcement and litigation—Ireland—Q&A guide.
Although medical negligence is a type of personal injury claim, practitioners should be aware that there are differences in the claims procedure mainly there is no requirement to apply to the Injuries Resolution Board (formerly Personal Injuries Assessment Board) in order to bring a claim.
For an overview of the procedure for bringing a medical negligence claim, see Practice Note: Ireland—Medical negligence claims procedure.
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