How Medical Negligence Claims Are Funded in Ireland

Cost is one of the first things people worry about when they are considering whether to investigate a possible medical negligence claim. This article explains, in general terms, how the costs of these claims work in Ireland and why it is important to agree the basis of funding with your solicitor at the very start. It is general information only and not legal or financial advice.

Two kinds of cost

There are broadly two categories of cost in a claim. The first is your solicitor's professional fees for the legal work. The second is "outlays" (also called disbursements) — payments to third parties that the case requires. In medical negligence claims the outlays can be significant, because these cases depend on independent expert evidence.

Typical outlays include the cost of obtaining your medical records, fees for independent medical experts who review the care and prepare reports, counsel's (barrister's) fees, and court fees. Because these cases are investigation-heavy, the outlays are part of why they take time and care to run properly.

A note on conditional fee arrangements

People sometimes use the informal phrase "no win, no fee" to describe a conditional fee arrangement. It is important to understand what this does and does not mean. Even where professional fees are handled on a conditional basis, outlays such as expert reports and court fees can still arise during a case and may need to be addressed as the case progresses. Such an arrangement is also not a prediction about the outcome of any individual case.

There are also rules in Ireland governing how solicitors may communicate about fees in personal injury and related matters. For that reason, the clearest and most reliable way to understand the position that would apply to you is to ask your solicitor directly, and to ask for the basis of costs to be set out in writing.

Questions worth asking at the outset

Before you decide to proceed, it is reasonable to ask: how will the professional fees be calculated; what outlays are likely to arise and when; what happens to those outlays if the case is not successful; and how and when costs will be explained to you as the case develops. A solicitor should be willing to set this out clearly so that you can make an informed decision.

For an overview of how a claim proceeds from start to finish, see our guide to the claims process, and our explanation of how negligence is proven.