Making a legal claim following medical harm is a significant decision. In 2026, this process is shaped by a major policy shift: the HSE National Service Plan (NSP) 2026. While the NSP is not a statute and does not create a new "right to sue", it represents a binding commitment by the HSE to overhaul how patient safety incidents are managed and resolved.
For anyone navigating a claim against a hospital, the NSP 2026 serves as a critical benchmark for the standards of transparency and speed you should now expect.
How the 2026 Plan Affects Your Claim
The NSP 2026 commits the HSE to several reforms that directly impact the efficiency and openness of a legal action:
Accelerated Resolution: The HSE is committed to implementing the Patient Safety Act 2023 and an updated Incident Management Framework. This shift is specifically designed to accelerate the resolution of patient safety incidents and, crucially, to prevent avoidable harm from recurring.
Implementing Legal Reforms: The plan pledges to implement the recommendations of the inter-departmental working group, including the 2025 Implementation Plan. This plan focuses on patient safety, statutory Open Disclosure and broader legal reforms to streamline how claims are handled.
Core Recommendations Driving the 2026 Plan
The HSE is prioritising four specific safety pillars that directly influence how claims are investigated:
Maternity & Neonatal Care: Specialised focus on care for babies born with neonatal encephalopathy and the expansion of maternity safety initiatives.
Adverse Event Prevention: Strengthening infrastructure, clinical governance, and safety training to improve the identification, reporting, and analysis of adverse events to promote safer care.
Enhanced Response to Harm: Prioritising timely, compassionate, and patient-centred communication. This involves expanding Open Disclosure policies to ensure families receive answers immediately after an incident occurs.
Learning & Research: Creating standardised incident reporting systems to drive national learning and supporting research to better understand the causes of preventable harm.
Making a Claim: The Essential Legal Steps
The landscape for hospital claims has moved away from the decade-long delays of the past. To ensure your rights are protected under the 2026 framework, Whelan Law follows a rigorous six-step process on your behalf:
Detailed Statement: We take a comprehensive account from you and your family to record the full impact of the incident while details are fresh.
Securing Medical Records: With your consent, we obtain your complete medical records.
Independent Expert Review: We engage independent medical experts to determine if the care you received fell below an acceptable standard and directly caused your injury.
Advising on Safety Rights: We advise you on your Patient Safety Rights under the Patient Safety Act 2023.
Strategic Case Mapping: We advise you on whether there appears to be a clinical negligence claim, likely Court, value range, risks, costs and next procedural steps.
Statute of Limitations: We advise you on the Statute of Limitations.
A Modern Path to Accountability
The HSE National Service Plan 2026 signals a shift toward a less adversarial healthcare system. By promising better clinical governance and more robust data collection, the HSE is making it easier for experts to identify where care has failed and why.
At Whelan Law, we specialise in navigating this new landscape. Our goal is to use these 2026 initiatives to ensure that our clients receive not only the compensation they need for their future but also the accountability and transparency that the HSE has now formally committed to providing.