Stephen Kelly LawMedical Negligence Solicitor

Misdiagnosis Claims

Misdiagnosis Claims in Ireland

A misdiagnosis claim looks at whether a delayed, missed or incorrect diagnosis fell below the standard of care expected of a competent practitioner, and whether that failing caused you harm. If it did, you may be able to take the matter further.

Being told that a health problem was missed or diagnosed late can be distressing and confusing. You may be left wondering whether an earlier answer would have changed things for you. We offer clear, careful advice so you can understand what happened and what your options are.

What this can cover

  • Delayed diagnosis of cancer or serious illness
  • Missed fractures, breaks or soft tissue injuries
  • Failure to identify infections such as sepsis
  • Misreading of scans, x-rays or test results
  • Wrong diagnosis leading to unnecessary treatment
  • Failure to refer for further investigation

Situations that may amount to negligence

  • A scan that may have shown a problem that was reported as normal
  • Symptoms that may have warranted urgent referral but were sent home instead
  • A test result that may not have been followed up or acted on
  • A serious infection that may have gone unrecognised until it worsened
  • A second opinion that may have been needed but was not arranged
  • A condition that may have been treatable earlier had it been caught in time

How negligence is assessed

Negligence is not simply about a bad outcome. The starting point is that the practitioner owed you a duty of care. The next question is whether the care fell below the standard expected of a competent practitioner in that field. The Irish courts apply the test set out in Dunne v National Maternity Hospital, which asks whether no practitioner of similar skill would have acted as they did. Finally, it must be shown that this failing actually caused or materially contributed to your harm, which is known as causation. All three need to be present.

Time limits. As general information, a claim must usually be started within two years of the date you knew, or ought reasonably to have known, of the injury, with separate rules for children and people who lack capacity.

Simple and clear

Making a misdiagnosis enquiry

A straightforward path from your first question to clear advice on where you stand.

  1. 1

    Get in touch

    Tell us briefly what happened, by the enquiry form or by phone. There is no obligation.

  2. 2

    Initial review

    We listen, ask a few questions and look at the key facts and any records you have.

  3. 3

    Advice on next steps

    We explain your options clearly, including any time limits that may apply to you.

  4. 4

    Claim preparation, if appropriate

    If there may be a claim, we guide you through what comes next at a pace that suits you.

Your questions

Misdiagnosis claims: common questions

A misdiagnosis can mean a condition was missed entirely, identified late, or diagnosed as something else. On its own that is not enough to bring a claim. It must also be shown that the care fell below the expected standard and that this caused you harm.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Get in touch

You do not have to work this out alone

Talk it through with Stephen Kelly Law, confidentially and with no obligation. We will help you understand where you stand and what your options may be.

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