An Overview to Medical Negligence Legal Costs in Ireland

In Ireland, the legal costs for medical negligence cases are among the highest in the world due to the protracted and adversarial nature of the claims process. In some cases, known as catastrophic, a huge payment or series of payments can be made and as a general rule, such multimillion Euro payments mean that legal fees are correspondingly higher.

How Legal Costs in Medical Negligence cases Work

"No Win No Fee" Arrangements: Many solicitors offer "no win no fee" arrangements for medical negligence cases. This means you do not pay your solicitor's professional fees if your case is unsuccessful. However, the Law Society of Ireland's regulations prohibit solicitors from advertising this option explicitly, so you must discuss funding options during an initial consultation. It is usually possible to take out an insurance policy which will fund your legal costs in the event you and your legal team lose the case.

Winning Party's Costs:   

The general rule is that the losing party pays the winning party’s legal costs. If you win your case (either through a court award or settlement), the defendant (usually the Health Service Executive (HSE), represented by the State Claims Agency) is typically ordered to pay the majority of your legal fees and outlays (e.g., expert reports, barrister fees, medical records).

Losing Party's Costs: If you lose your case, you may be required by the court, to pay the defendant's legal costs, in addition to your own outlays. However, there are insurance policies which can cover you against such eventualities.

Outlays and VAT: In addition to legal fees, there are outlays such as fees for medical and other expert reports. These charges, along with professional fees, are generally subject to VAT at 23%. 

Key Statistics on Medical Negligence Costs

Average Legal Cost: Reports indicate that the average legal cost for a medical negligence claim in Ireland is approximately €34,646, which is significantly higher than similar cases for medical negligence in other jurisdictions like the UK (€11,911) or other jurisdictions in some EU countries. New Zealand has a unique system which operates a “no fault” system for medical injuries.

Total State Payouts: The State Claims Agency (SCA) manages claims against the HSE. In 2022, €84.9 million was spent on legal and expert costs alone. The total liability for clinical negligence claims managed by the SCA was estimated at approximately €5 billion as of 2024.

Drivers of High Costs: Factors contributing to high legal costs include the slow claims resolution process being adversarial in nature, a lack of mechanisms for early resolution (such as pre-action protocols), and the complexity of cases involving catastrophic injuries that require extensive long-term care and very high damage awards. 

In 2022, clinical catastrophic claims accounted for 53%of total litigation costs between 2018 and 2022. The settlement costs of these claims have risen dramatically with some awards reaching up to €35 million awarded to one child.

Efforts to Reduce Costs

     To address these high costs, the government and legal bodies have considered 

      reforms which would include:

• Introducing a formal pre-action protocol to encourage earlier settlements by way of disclosure of all medical and related reports

• Promoting the use of mediation services for alternative dispute resolution.

• Implementing case management rules in the High Court to streamline the litigation process and ensure timely progression of case. 

• Creation of a dedicated High Court list which would allow for better management of cases and faster resolutions thereby reducing costs.