O'Reilly Doherty & Co Solicitors

Doctor failure claims

Doctor failure claims2025-07-16T08:56:16+00:00

Doctor failure claims are for compensation for the injury caused by medical negligence when a doctor fails to treat you when ill. 

Your doctor has a duty of care to you as their patient. A breach of that duty of care causing you harm could be medical negligence. You make a medical negligence compensation claim* for the effects of the doctor failure today and in the future.

The doctor failure could be a failure to prescribe a medicine or a failure to refer you for medical tests, but you may have a compensation claim*. The GP may fail to send you to the A&E when you have a broken arm, or the hospital doctor could fail to treat you for a suspected stroke in an emergency. 

O’Reilly Doherty & Co. Solicitors in Dublin can help you make a medical negligence compensation claim* for the impact of the doctor failure on your life.

What is a doctor failure claim?

A doctor failure claim is the legal process a patient takes for compensation after suffering the medical negligence of a doctor’s failure to treat them when under their care.

The doctor failure claim is made by a patient who suffers the medical negligence of not getting a professional level of treatment from a GP, A&E doctor, or a hospital consultant.

Over €120 million is paid out by the HSE in medical negligence claim*s every year. Between 2002 and 2022, more than €2.4 billion was paid to victims of medical negligence and injuries caused while in hospital. Over the two decades, 6,289 claims were paid out, with many more cases still pending a decision. 

Patients are suffering the effects of hospital waiting lists, staff shortages and a lack of training for medical professionals. You or a loved one may experience the impact of doctor failure medical negligence, and you may have a compensation claim*.

O’Reilly Doherty & Co. Solicitors medical negligence solicitors in Dublin will be with you when claiming doctor failure negligence.

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If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our expert solicitors.

Common claims for doctor failure

Common claims for doctor failure range from a failure to refer a patient for tests to a failure to treat a patient when ill. A doctor failure can cause a patient to suffer unnecessary pain and could result in a missed diagnosis.

The claim for doctor failure seeks compensation for the medical negligence and the impact on your life.

Types of claims for doctor failure:

The doctor failure to refer a patient for tests can miss the chance of an early diagnosis and could put the life of the patient in danger.

It may be medical negligence when a doctor does not refer you for a blood test if you show the signs of diabetes. 

The failure to refer a patient with chest pain and shortness of breath for cardiac testing may be medical negligence if the patient has a heart attack.

O’Reilly Doherty & Co. Solicitors can look at your case and see if you have a valid medical negligence claim* for doctor failure.

The doctor failure to treat a patient when showing symptoms can prolong an illness and keep the patient suffering from unnecessary pain and discomfort.

Types of claims for a doctor failure to treat a patient showing symptoms:

  • Failure to treat a patient with an infected wound

  • Failure to treat a patient showing signs of infection

  • Failure to treat a patient by prescribing the correct medication

You may have a medical negligence claim* if the doctor failed to treat you despite you showing symptoms.

The doctor failure to get informed consent can happen at any stage of the medical treatment. Every doctor treating you must inform you fully of the treatment and make sure you understand before getting consent from you.

Types of failure to get informed consent claims:

  • Failure to get informed consent before giving a vaccine
  • Failure to get informed consent before doing any surgery

  • Failure to get informed consent before a physical examination

The doctor may face a medical negligence compensation claim* for failing to obtain informed consent.

Doctor failure to diagnose a medical condition could lead to a delay in treatment and maybe cause a patient to suffer unnecessary pain and have prolonged periods off work and in hospital.

Types of doctor failure to diagnose a medical condition claims:

  • Doctor failure to diagnose a condition by not referring to notes
  • Doctor failure to diagnose due to not following up on tests

  • Doctor failure to diagnose a condition by misreading test results

You may have a doctor failure claim when the GP or hospital doctor fails to diagnose a medical condition.

When the doctor fails to refer a patient to a hospital consultant, they are not using the services available and may be putting a patient in danger of becoming very ill.

The hospital doctor should refer a patient to see a consultant if they are showing the symptoms of a disease when in the A&E department.

The GP should refer a patient to see a consultant when the symptoms of cancer or another condition need further examination.

A doctor should refer you to see a hospital consultant if you are in constant pain and the prescribed medication is not leading to an improvement in health.

O’Reilly Doherty & Co. Solicitors will use their experience in medical negligence to make a successful compensation claim* for a valid doctor failure claim.

Compensation for Doctor Failure Negligence in Ireland

Compensation for doctor failure negligence in Ireland is for the impact of the medical negligence on your life. You claim compensation for the paramedic, GP, hospital consultant and A&E doctor’s breach of duty of care when you are a patient.

The level of compensation awarded for any medical negligence claim* varies from case to case. The effect on your life of an undiagnosed cancer or of the doctor’s failure to treat your diabetes could be different than another patient with different circumstances.

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

Damages in doctor failure negligence compensation claim*s are a combination of:

General Damages in a doctor failure claim are compensation for what is known as the Loss of Amenity in your life.

If you suffered doctor failure negligence, you may:

  • Have unnecessary pain and discomfort
  • Suffer difficulty in walking, exercising, getting out of bed

  • Have difficulty doing the everyday jobs you could do before the injury

  • Have the devastating effects of an undiagnosed stroke or cancer

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

Special Damages in a doctor failure compensation claim* are for the financial costs to you due to the errors during your diagnosis and treatment while under the care of a medical professional.

You are the one who has been injured, and you should not be out of pocket or face substantial medical bills due to negligence by medical professionals failing to treat you or refer you for further treatment.

You claim the Special Damages for costs and financial losses such as Medical Bills, Loss of Income, Out of Pocket Expenses and paying for adaptions to the home and car.

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

Doctor failure fatal medical negligence claim*s

Doctor failure fatal medical negligence claim*s can be taken against the medical professional responsible for failings during the care of a loved one.

If the doctor treating your family member fails to treat them when ill, they could pass away due to the medical negligence.

The types of doctor failure medical negligence claim*s can range from a failure by the GP to refer a patient for cancer screening to the failure by the hospital consultant to diagnose a medical condition and the failure by the paramedic to treat the symptoms of sepsis when responding to an emergency call-out in the ambulance.

The doctor failure to treat and to diagnose can delay the correct treatment for a condition and may result in the premature death of a patient.

Who can make a medical negligence claim* in Ireland?

If you suffered medical negligence in Ireland, you may be able to claim compensation. You can claim for the lack of professional care in any medical treatment and the errors in diagnosis, testing and further care due to a failure by the doctor.

The family and dependents of the patient who died due to fatal medical negligence can make a compensation claim* for their losses. If a dependent is too ill or not able to make the fatal medical negligence claim*, their family and dependents can make the compensation claim* on their behalf.

Dependents in fatal medical negligence claim*s in Ireland can be:

  • The spouse of the victim of fatal 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

Medical negligence claim*s may take time, but having the right solicitor on your side can make the process easier in what can be very troubling times.

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

What evidence do I need to make a medical negligence claim* in Ireland?

To make a medical claim in Ireland, you may need to gather evidence, such as medical records, doctor reports and ambulance notes.

In any claim for medical negligence, the smallest piece of evidence could make the biggest difference in making yours a successful doctor failure negligence claim.

Evidence to make a medical negligence claim*:

  • Hospital medical records
  • Copy of any medical tests, scans, and X-rays

  • HSE incident reports on the possible errors made in your case

  • A medical report from an independent doctor

  • Financial report on the impact of the medical negligence on your income

  • Report from a physiotherapist if necessary

  • Report from a psychologist if necessary

  • A personal account of what happened to you

  • An account of what happened to your life by a family member

  • Photographs of any injuries

The more evidence you can gather, the better it may be for your claim for medical negligence. Our team of medical negligence solicitors will tell you what evidence they need and how to get it.

You should write down what happened to you as soon as possible when your experience is still fresh in your memory.

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*.

Can I make a medical negligence claim* against the HSE?

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 when you make it, but that does not mean they are right. Your solicitor will expect the HSE to react and will know how to take the next step in making a claim.

Medical negligence happens all the time in the HSE hospital departments. Staff shortages, overcrowding, and the pressure of long shifts can all lead to mistakes with your treatment when in a hospital.

When medical negligence happens in treatment, you could suffer unnecessary pain and discomfort and may need to have a longer stay in the hospital.

O’Reilly Doherty & Co Solicitors can make your medical negligence claim* against the HSE and get compensation for the lack of care in your treatment due to doctor failure.

Make a medical negligence claim* for compensation today

Make a medical negligence claim* for compensation today by contacting O’Reilly Doherty & Co Solicitors. We have the team in place to make your claim and get you compensation for the suffering.

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

You are one who suffered doctor failure medical negligence when they failed to treat you or did not refer you to see a consultant.

When a medical professional may be responsible for your below-acceptable level of care, you could have a compensation claim*.

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

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