Overview
Our Insurance team includes solicitors from a number of practice areas including our Litigation and Dispute Resolution and Healthcare Law teams. Our insurance team is one of the most highly respected defence litigation teams in the country. We are recognised for our ability to work efficiently and cost-effectively in resolving our clients’ disputes and minimising the stress and costs involved.
Our extensive expertise in product liability involves acting in complex, high profile matters. We also defend personal injuries claims and property damage claims, particularly in the context of employer’s liability and public liability. The team act on behalf of State entities, financial institutions, banks and insurance companies and some of the leading self-insured, privately insured and commercial operators in Ireland in relation to employer’s liability, public liability and property damage claims.
Our work involves advices on complex issues in the context of highly sensitive claims. We have obtained favourable High Court, Court of Appeal and Supreme Court decisions for our clients on issues such as vicarious liability, trial costs, Statute of Limitations, discovery and the dismissal of claims on the basis of delay. We advise on a wide variety of employer’s and public liability claims, both in the context of court proceedings and mediations. We are experienced in managing ‘group’ litigation involving a large number of individual claimants with shared factual claims.
We have been involved in the majority of the benchmark legal cases and challenges in healthcare in Ireland, particularly in major cases on consent and complex high value catastrophic injury claims, and in cases that have had a significant impact on how costs are determined and awarded in personal injuries and professional negligence cases. We understand the medico-legal landscape and the complex challenges facing today’s medical indemnifiers, and the medical and dental practitioners and other healthcare professionals they serve. We are known for dealing efficiently and advising urgently on complex, high value, novel claims including groups of numerous similar claims
We are a leading firm in the defence of medical negligence claims and in representing clinicians before their regulatory bodies. Our Healthcare Law team is the largest dedicated medical defence team in the country. We have represented the HSE, the Department of Health and clinical and multidisciplinary staff in the public sector for over 20 years through the State Claims Agency’s Clinical Indemnity Scheme and for over 60 years on behalf of medical indemnifiers. Given the depth and breadth of our experience we are trusted by our clients with their most sensitive, complex and high value medical claims, many of which we resolve through the use of alternative dispute resolution.
We have a number of highly experienced and respected mediators who are committed to exploring alternative dispute resolution mechanisms as an alternative to litigation. We are pragmatic and effective negotiators and proactive, cost-conscious case managers.
Services
Our specialist services include:
- Personal injury claims
- Product and public liability
- Employer’s liability
- Medical negligence claims
- Catastrophic injury claims
- Professional negligence - medical, legal and veterinary
- Property disputes
- Commercial Court claims
- Commercial arbitration and mediation
- Corporate criminal offences
- Administrative law, including judicial review
- Injunctions
- Tribunals of inquiry
- Medical Council matters
- Dental Council matters
- Alternative dispute resolution, including arbitration and mediation
- Professional indemnity
- Health and safety issues
- Risk management issues
Experience
- Solicitors to the State Claims Agency’s Clinical Indemnity Scheme since its inception, defending high value and complex claims taken by patients against the HSE, the Department of Health and public and voluntary hospitals as well as looking after the interests of clinicians, nurses and hospitals at coroners' inquests.
- More than 60 years’ experience of acting for and advising the Medical Protection Society, a key indemnifier of doctors in Ireland. We defend clinical negligence claims in the Circuit Court, High Court and Supreme Court acting on behalf of consultants and general practitioners.
- Protecting the interests of doctors at coroners' inquests and at fitness to practise inquiries before the Medical Council.
- Acting for Dental Protection, a key indemnifier of dentists in Ireland, defending clinical negligence claims. We also look after dentists during fitness to practise inquiries by the Dental Council.
- Involved in the vast majority of the benchmark legal cases and challenges in healthcare in Ireland, particularly in major cases on consent and complex high value cerebral palsy/catastrophic injury claims.
- Leading the way in developing pre-action protocols and developing innovative ideas geared towards early stage and cost-effective resolution.
- Acting for the Veterinary Defence Society, an indemnity provider, we deal with clinical negligence claims in the Circuit Court, High Court and Supreme Court acting on behalf of veterinarians, as well as looking after their fitness to practise inquiries before the Veterinary Council.
- Representing clients in sensitive complex and contentious arbitrations of disputes between them and indemnifiers.
What clients say: Insurance
'David Phelan is very good with clients and does a lot of interesting media work'
'Kevin Dunne is very engaged with clients and remains calm at all times.'
'Mary Hough is perhaps the top solicitor in this field. She is calm and thoughtful, with unrivalled insight.'
'Mary demonstrates a high level of sophistication in her legal expertise, particularly in areas such as medico-legal law and coroner inquests.'
'Mary is highly experienced and it is clear that her clients value her opinion.'
'She provides very strong legal advice at all times.'
'Mary Hough sees cases as a solicitor but also from the perspective of the client. She has sound judgement.'
'Katy consistently demonstrates a deep understanding of the complex legal issues that arise in the healthcare sector, and provides expert advice and guidance.'
'She has a very strong work ethic, invests herself fully in every case and is very organised.'
'She has a great insight into the medical and legal issues involved in any case.'
'Katy Meade is really super. She's a partner who really stands out there'
'He adopts a strategic approach and displays thorough preparation, which leads to skilled representation.'
'He adopts a strategic approach and displays thorough preparation, which leads to skilled representation.'
'He's a good pair of hands.'
'Stephen McGuinness is outstanding in understanding and presenting complex cases'.
'Louise is very dynamic, works very hard for her clients and is highly regarded among her peers.'
'Louise O'Rourke is an excellent solicitor and a pleasure to deal with. She is always very approachable.'
'Louise O'Rourke has great experience, a calm and thoughtful attitude and great problem-solving skills.'
'She's very open to having a challenging discussion around the issues to come to the best solution for the client.'
‘Hayes has vast experience and supports a really impressive team of young associates.'
'Hayes' electronic briefing system is exceptional. Hayes' client management is extremely polished. At ease with the most complex, high value, contentious litigation.’
‘Efficiency.’ Robbie Slattery is exceptional.'
‘Robbie Slattery, Stephen McGuinness, Martha Wilson, Mary Hough are exceptionally capable practitioners, superb client management, excellent interface with barristers, completely on top of the most difficult litigation.’
‘The individuals at Hayes are knowledgeable and reliable. Specific partners, such as David Phelan, I’ve worked with are proactive, detail-oriented, and committed to delivering results, making them a pleasure to collaborate with.’
‘David Phelan has been a long-standing advisor to the organisation. He combines razor-sharp intellect with an innate understanding of our business. He has a wide breadth of experience and expertise.’
'Conor Morgan is excellent regarding public sector matters.’
‘Joe O'Malley is the best litigator in Dublin. He works tirelessly for his clients. Extremely bright and cool under pressure. Simply top-class.'
‘Jeremy Erwin and Joe O'Malley are both excellent lawyers - always responsive with good legal and commercial advice.’
‘Robbie Slattery and Joseph O'Malley stand out as professionals who provide an excellent service and whose advice is always reliable and realistic.’
'Robbie Slattery is notable for his approachable and confident manner. In litigation, Robbie's ability shines through, especially in high-value, multi-party disputes. His ability to navigate complex issues, coupled with a personable approach, makes him a trusted and effective adviser.'
'Joe O'Malley leads the team and makes a very valuable contribution.’
‘Joe O'Malley is highly regarded for his hands-on approach and exceptional dedication to his clients. His personal touch is evident in every case, as he takes the time to truly understand his clients' needs and craft bespoke strategies that deliver results.'
‘The team led by Mary Hough has a wealth of specialist experience in the field of medico legal work. Very clear communicators and awareness of client's needs.'
‘Martha Wilson and Stephen McGuinness impress. Mary Hough is a very impressive leader of the team and instils the values of ethics, professionalism and efficiency in all of the work that the team produces.’
‘Katy Meade is diligent and incredibly thorough. Her attention to detail is second to none. I worked with her on a complex clinical negligence case which required careful consideration of a substantial volume of records as well as many expert reports on both sides and many guidelines/policies in place in the relevant hospital (both local and national). She was across all of it, truly impressive.’