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Unnecessary suffering claims

Unnecessary suffering claims2026-03-31T13:40:53+00:00

Claims for unnecessary suffering are for medical negligence before, during or after diagnosis. You claim compensation for the impact of the unnecessary suffering on your life.

You may suffer due to an error with your medications, treatment during birth or due to a misdiagnosis of cancer. The unnecessary suffering may last several months or even years, and you can claim medical negligence compensation.

O’Reilly Doherty & Co. Solicitors make medical negligence claims in Dublin.

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What counts as medical negligence in Ireland?

Medical negligence in Ireland is when a medical professional treats you at a standard below which any other medical professional would provide treatment.

Medical professionals owe patients a duty of care. If they breach that duty of care, causing unnecessary suffering, it can be medical negligence, and you may have a compensation claim.

Over a six-year period from 2018 to the end of 2024, HSE medical negligence payments rose from €2.8 billion to €4.6 billion. By the end of 2024, the State Claims Agency had received 705 new claims, representing nearly two claims for medical negligence in Ireland per day. 

With O’Reilly Doherty & Co personal injury solicitors, medical negligence is a speciality, and we work with unnecessary suffering claims all the time.

What is an unnecessary suffering claim?

An unnecessary suffering claim is for medical negligence before, during and after treatment that causes pain, suffering, discomfort, and trauma. You make a claim for the medical negligence and its effects on your life.

If you have a claim for unnecessary suffering due to medical negligence, you may be able to claim compensation.
O’Reilly Doherty & Co. have some of the best medical negligence solicitors in Dublin, and the experience to claim for unnecessary suffering.

Types of unnecessary suffering medical negligence claims*

Types of unnecessary suffering medical negligence claims* range from surgical error to delayed diagnosis to birth injury and misdiagnosis errors.

Types of unnecessary suffering claims in Ireland:

Unnecessary suffering due to surgical negligence happens before, during and after surgery. You can be a victim of unnecessary suffering from minor surgery or due to invasive surgery that goes wrong.

Types of unnecessary suffering due to surgical negligence:

  • Sepsis and infection due to failure to treat an infection
  • Unnecessary suffering due to invasive surgery instead of keyhole surgery
  • Unnecessary suffering due to failure to fully inform the patient

O’Reilly Doherty & Co., solicitors in Dublin, can make your compensation claim.

Unnecessary suffering due to misdiagnosis or delayed diagnosis can have long-term effects like psychological trauma, prolonged treatment and conditions such as cancer spreading.

Types of diagnosis errors causing unnecessary suffering:

  • Oncologist fails to diagnose cancer despite the symptoms 
  • GP fails to read test results and misses a diabetes diagnosis
  • Radiologist makes errors when scanning a patient for diagnosis

O’Reilly Doherty & Co. Solicitors in Dublin can make your claim for unnecessary suffering.

Unnecessary suffering due to birth injury negligence can affect both the mother and the baby, before and after the birth.

Types of unnecessary suffering due to negligence at birth:

  • Birth trauma due to waiting too long for a Caesarean Section
  • Suffering by the mother due to failure to give a scheduled epidural
  • Suffering to the baby due to failure to recognise a difficult delivery in time

Birth injury negligence leads to unnecessary suffering, and both mother and baby may need further medical treatment during recovery.

Unnecessary suffering due to hospital and nursing negligence can happen at a HSE hospital or at a private care facility. 

Types of unnecessary suffering due to negligence at a hospital or nursing home:

  • Bed sores and infection due to negligence on the hospital ward
  • Infection due to errors in giving medications at the nursing home
  • Missed chemotherapy appointment due to hospital administrative errors

O’Reilly Doherty & Co. Solicitors can make your medical negligence claim* for unnecessary suffering.

The unnecessary suffering due to GP and consultant errors can range from a failure to follow up on blood tests when making a diagnosis to a delayed diagnosis of nerve damage.

A GP is the first line in medical care, and any medical negligence can cause unnecessary suffering.

Types of GP and consultant negligence causing unnecessary suffering:

  • GP makes a misdiagnosis of an infection leading to sepsis
  • GP fails to act on the symptoms of cardiac arrest
  • A hospital consultant misses a diagnosis of cancer

You can make a misdiagnosis compensation claim for GP and consultant errors.

The unnecessary suffering due to prescription and medication errors can range from prolonged vomiting and nausea to organ failure.

42% of medication errors in Ireland are reported by nursing staff, illustrating how negligence can occur anywhere and by any medical professional. 

Types of negligence with medications and unnecessary suffering:

  • Patient becomes ill after being given the wrong medications at a pharmacy
  • Symptoms worsen when given the wrong dose instructions by the GP
  • Delayed treatment of cancer due to a medication error in oncology

O’Reilly Doherty & Co. Solicitors can look at the details of your unnecessary suffering case and help make a medical negligence compensation claim.

How to make a medical negligence claim* in Ireland

To make a medical negligence claim* in Ireland, you go from getting medical advice to taking the negligence case to court, if all the other steps fail to get the negligent party to pay compensation.

Your medical negligence solicitors will be with you along every step of the way to making a successful medical negligence claim*.

You engage a medical negligence solicitor when you may have been a victim of below an acceptable standard of medical care by a medical professional.

In a medical negligence case, you claim against the HSE hospital, GP, consultant, outpatient nurse, or a private medical provider like a nursing home.

A good medical negligence solicitor can make all the difference to a claim.

Forming a claim for medical negligence is done with your solicitor, a medical expert and by accessing your medical records.

Your medical records can show a clear timeline of what happened to you when under the care of the medical professional, such as when you were admitted to the hospital and the tests you underwent.

The solicitor may ask you to see another doctor for a second opinion on any personal injury due to medical negligence.

When your case is ready, the solicitor can submit your claim for medical negligence to the negligent party.

The negligent party, the HSE in most cases of medical negligence, can examine your ‘Letter of Claim’ and reply to it within several months.

If they accept the findings of medical negligence, they may make an offer of compensation.

You may need to take the case to court if the negligent party does not accept the medical negligence claim*.

Taking a medical negligence claim* to court does not happen often in Ireland.

A claim may also need to go to court if the negligent party agrees to your claim but does not agree to the amount of compensation claimed.

Medical negligence legal advice is to avoid going to court, but sometimes court becomes the only option.

A claim can be settled before the court hearing, even during a hearing, but a good solicitor will know when to settle a medical negligence claim*.

O’Reilly Doherty & Co. medical negligence solicitors have the experience to be with you at every step of the way to claim compensation for medical negligence.

Medical Negligence Claim Types

How long do you have to make a medical negligence claim*?

In Ireland, you have two years to make a medical negligence claim*, and the two-year limit starts from the day you discover the clinical negligence happened.

The date of realising you suffered medical negligence is known as the ‘date of discovery.’ Errors in treatment may have happened more than two years previously, but you can still claim compensation as medical negligence time limits in Ireland only begin on the day the clinical error is discovered, not on the day it occurred.

In all medical negligence cases, starting the compensation claim as soon as possible after you discover the negligence is best.

O’Reilly Doherty & Co. medical negligence solicitors can assist you with the legal issues surrounding your unnecessary suffering and help you make a medical negligence compensation claim.

Compensation for Unnecessary Suffering in Ireland

Compensation for unnecessary suffering in Ireland is for the impact of the medical negligence on your life. You claim compensation for the medical professional’s breach of duty of care before, during and after any medical treatment.

In every compensation claim, the injured party claims damages for the effects of clinical negligence on their life today and in the future.

Damages in an unnecessary suffering medical negligence compensation claim are a combination of:

General Damages in an unnecessary suffering claim are compensation for what is known as the Loss of Amenity in your life.

After medical negligence in your diagnosis and treatment, you may have issues with personal care, in exercising, and in doing the everyday jobs you could do before the injuries. 

You claim compensation for this Loss of Amenity due to the clinical negligence.

Special Damages in an unnecessary suffering compensation claim are for the financial costs to you due to the errors when under the care of a hospital doctor, consultant, pharmacy or even at the local GP surgery.

You have been injured, and you should not be out of pocket or face substantial medical bills due to negligence by a medical professional.

You claim the Special Damages for costs and financial losses such as Medical Bills, Loss of Income, out-of-pocket expenses, and paying for adaptations to the home and car.

O’Reilly Doherty & Co. Solicitors have the experience to be with you at every step of the medical negligence claim*.

Make a medical negligence claim* for compensation today

Make a medical negligence claim* for compensation today by contacting O’Reilly Doherty & Co Solicitors in Dublin.

We have the team in place to make your claim and get you compensation for the injuries.

Medical negligence can be a complicated process, but with the right solicitor on your side, you can get the compensation you deserve.

O’Reilly Doherty & Co. Solicitors in Dublin will help make your medical negligence claim* for compensation.

Unnecessary Suffering FAQS

Yes, you can make a medical negligence claim* against the HSE. The HSE is a big organisation, but we know exactly who to contact for a medical negligence claim* and how to contact them.

The HSE may well deny your claim for medical negligence when you make it. Your solicitor will expect the HSE to react and will know how to take the next step in making a claim.

A patient who has suffered medical negligence and experienced unnecessary suffering can make a compensation claim in Ireland.

They can claim for the lack of professional care in their treatment or for the errors leading to unnecessary suffering.

Yes, you can make a medical negligence claim* on behalf of someone who is too ill to make a medical negligence claim* or someone who died due to medical negligence. 

Dependents in medical negligence claims* in Ireland can be:

  • The spouse of the victim of medical negligence
  • A parent 
  • A step-parent 
  • A grandparent 
  • A child 
  • A step-child 
  • An adult-dependent 
  • Family members who relied on the patient for care and financial support
  • A sister or brother 
  • A half-brother or sister 

The medical professional who missed your cancer diagnosis, made errors with your broken leg, or failed to treat an infection, is at fault for the unnecessary suffering medical negligence in Ireland. 

You prove medical negligence in Ireland by gathering all the evidence before you make the case against the doctor, nurse, or hospital responsible.

Evidence can be:

  • Medical records
  • Medication notes from the GP or consultant
  • Hospital incident report on the medical negligence
  • Medical report from an expert medical witness
  • Personal account of what happened to you

O’Reilly Doherty & Co. Solicitors in Dublin can tell you exactly what is needed and arrange for you to see the necessary experts when making a medical negligence compensation claim.

Medical negligence claims in Ireland can take more than 18 months in Ireland, some cases last for years until the patient wins compensation.

If you have the evidence in place and the right solicitor by your side, you can help the medical negligence claim* progress quickly through the system.

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