A delay in treatment claim is for the medical negligence of a treatment delay which causes you an injury. A delay in treatment means a delay in tackling your illness, and you could lose valuable treatment time due to medical negligence.

Every medical professional owes you a duty of care when you are a patient. A delay in treatment causing injury may be a breach of that duty of care, and you could have a compensation claim.

The hospital doctor who fails to book an oncology appointment for you or the GP who fails to prescribe medication after a diagnosis may be responsible for a delay in treatment. The HSE hospital that delays treatment due to administrative errors could face a delay in treatment compensation claim.

Valerie Kearins medical negligence solicitors can make your claim for delay in treatment medical negligence.

What is a delay in treatment claim?

A delay in treatment claim is a legal process that seeks compensation for medical negligence that occurred during treatment. The delay in treatment could impact your life today and in the future and may even put your life in danger.

Medical negligence in Ireland can happen before, during and after treatment. Over €1.4 billion was paid out over the four years to 2024 for medical negligence, including service failures like a delay in treatment. Over 2,500 claims were completed in that time, with 99% being settled through legal mediation. The SCA, The State Claims Agency, handles medical negligence claims* and paid out over €200 million in negligence claims in 2024.

You may experience a delay in treatment at the beginning of your illness or at any time during the medical treatment. Prescription errors, hospital waiting lists and failures by doctors can all lead to a delay in treatment, and if you suffer an injury, you may have a compensation claim.

Valerie Kearins medical negligence solicitors will use their experience to handle your medical negligence claim* in confidence and get you compensation for your injuries.

Common claims for a delay in treatment

Common claims for a delay in treatment medical negligence in Ireland range from a delay in treatment for cancer to a delay in treatment for a spinal injury and a delay in treatment when admitted to the Accident and Emergency department.

You make the medical negligence claim* for the effects on your life today and in the future.
Types of claims for delay in medical treatment in Ireland:

  • Delays in treatment following a correct diagnosis claim
  • Delays in treatment due to administrative errors claim

  • Delays in treatment due to diagnosis errors claim

  • Delays in treatment due to a failure to act claim

Delays in treatment following a correct diagnosis claim

Delays in treatment following a correct diagnosis may happen when the doctor fails to order the treatment or does not refer you to the correct hospital consultant.

When you receive a diagnosis of cancer, the GP or hospital doctor should refer you to see an oncologist. Any delays in referring you can lead to a delay in treatment and the cancer getting worse.

You could suffer a delay in treatment for diabetes when the GP fails to prescribe medication or follow up on a letter from the hospital doctor.

Valerie Kearins Solicitors will look at the delay in treatment and make your medical negligence compensation claim*.

Delays in treatment lead to invasive surgery claim

Delays in treatment can lead to invasive surgery when the delay carries on for some time, and your condition gets worse.

Types of delays in treatment leading to invasive surgery:

  • Delay in ordering keyhole surgery leads to invasive appendicitis surgery
  • Delay in treatment for cancer leads to the removal of an internal organ

  • Delay in treatment for diabetes leads to gallbladder surgery

Any delay in treatment can impact on your life in the future, and you may have a claim for the injury due to medical negligence.

Delays in treatment due to administrative errors claim

Delays in treatment due to administrative errors are a common type of medical negligence claim*. You may suffer a delay due to hospital administration errors or from the GP surgery and have a compensation claim.

Types of claims for administrative error medical negligence:

  • Delay in treatment due to errors in making an oncology appointment
  • Delay in treatment due to GP surgery not contacting a patient

  • Delay in treatment due to the wrong prescription sent to a pharmacy

The delay in treatment will waste valuable time and may necessitate longer and more invasive medical treatment.

Delays in treatment due to diagnosis errors claim

Delays in treatment due to diagnosis errors can have terrible effects, as seen in the recent cervical check cancer scandal in Ireland. A diagnosis error can delay treatment and put a patient’s life at risk.

Types of claims for delays in treatment due to diagnosis errors:

  • Delay in treatment due to a failure to diagnose cancer after a test
  • Delay in treatment due to a misdiagnosis of nerve damage on a scan

  • Delay in treatment due to a missed diagnosis of diabetes from a blood test

You may have a medical negligence claim* for the treatment delay due to a diagnosis error.

Delays in treatment due to a failure to act claim

Delays in treatment due to a failure to act may lead to a worsening of the condition, further injury to the patient, and unnecessary pain and discomfort.

A GP who fails to act when you are showing signs of cardiac arrest could delay treatment and cause injury to the heart, which may have been avoided.

The A&E doctor who does not act on the signs of sepsis may delay the treatment of sepsis and put the patient’s life in danger.

The hospital consultant who does not act on the cancer test results causes a delay in treatment, and you may need more intensive cancer treatment.

Valerie Kearins medical negligence solicitors, will work with you and help get your medical negligence compensation for the delay in treatment when you are ill.

Contact Valerie Kearins Solicitors Today

At Valerie Kearins Solicitors – we specialise in many different aspects of the law to provide our clients with the best professional support and advice.

Potential effects of a delay in treatment negligence

The potential effects of a delay in treatment negligence range from the cancer spreading to other organs and unnecessary pain and discomfort from more invasive surgery than originally planned.

The medical professional responsible for the delay in treatment negligence could be the GP who delays treatment by not following up on test results or the hospital consultant who fails to prescribe the correct medication.

Types of potential effects of a delay in treatment:

  • A minor infection becomes a severe one
  • Cancer spreads throughout the body

  • Blindness when there is a delay in treating cataracts

  • Invasive surgery which could have been avoided

  • A burst appendix from a delay in surgery

  • Sepsis when there is a delay in treatment

  • A condition going beyond safe treatment

  • Death of a patient due to a delay in treatment

A delay in treatment may put a medical condition beyond treatment. You may be very ill for some time due to a delay in treatment, and in some cases, surgery may be the only option as it becomes too late for treatment with medication.

Valerie Kearins Solicitors can assist with your medical negligence claim* for a delay in treatment clinical negligence.

Who can be at fault for a delay in treatment claim?

A medical professional can be at fault for a delay in treatment claim. Every medical professional owes their patient a duty of care before, during and after a diagnosis. If the medical professional breaches that duty of care, there may be a medical negligence claim* to answer.

A delay in treatment claim can be for the effects of waiting longer to begin treatment for cancer. You may have unnecessary suffering and may take longer to recover from an infection due to a delay in treatment.

The medical professional who can be at fault for a delay in treatment claim could be:

  • The GP who delays treatment for an infection
  • The hospital doctor who delays treatment for a pregnant mother

  • The nurse who delays treatment for a sick patient on the ward

  • The doctor monitoring the delivery of a difficult birth

  • The consultant who delays treatment for diabetes after diagnosis

  • The HSE hospital responsible for hiring the medical professional

  • The HSE hospital responsible for safe practices on the wards

  • The HSE hospital responsible for any administrative errors

  • The Private Hospital responsible for treatment delays

If you suffer an injury due to a delay in treatment, it could be medical negligence by one or more of the medical professionals involved.

Valerie Kearins Solicitors can be with you from day one when claiming delay in treatment compensation.

Compensation for a delay in treatment compensation claim

Compensation for a delay in treatment compensation claim in Ireland varies depending on the severity of the injury and how much the patient suffers due to the delays following a diagnosis.

A compensation claim can vary depending on the extent to which the injury impacts the patient and whether it affects their ability to work and care for themselves. Age is also a factor in medical negligence compensation claims*, as well as the extent to which the injury will impact the rest of the life of the injured party.

Any compensation claim may also reflect the care needs, any necessary home adaptations, and the costs of full-time care in some cases.

The effects of a delay in treatment, such as the need for more invasive surgery or even the need for a patient to spend more time in hospital, can be severe for a patient, and the compensation claim will look for damages for living with the medical negligence.

Valerie Kearins Solicitors can make your claim for medical negligence damages.

Contact Valerie Kearins Solicitors Today

At Valerie Kearins Solicitors – we specialise in many different aspects of the law to provide our clients with the best professional support and advice.

What are damages in a medical negligence claim*?

Damages in a medical negligence claim* are a combination of two types. For each set of damages, you seek compensation for the immediate effects of the medical negligence following a diagnosis and the effects of it for life on both the patient and their family.

Damages in a delay in treatment medical negligence claim* are:

Special Damages in a delay in treatment claim are for the financial effects of the medical negligence on your life today and in the future.

With Special Damages, you may claim any:

  • Loss of earnings today and in the future
  • Care costs today and in the future 
  • Out-of-pocket expenses for the treatment of the injuries

Your solicitor will be with you and advise you on making the full claim for Special Damages.

The General Damages in a delay in treatment claim are for the medical effects of the injury on the patient.

General damages may be claimed for:

  • Suffering by the injured party
  • A limited ability to live a normal life after a delay in treatment
  • Unnecessary pain due to a delay in treatment
  • Discomfort to the patient due to the injury 
  • Inconvenience caused by delay in treatment negligence

There are many types of general damages in a medical negligence claim*, and your solicitor can talk you through each one.

With Valerie Kearins Solicitors, you can claim damages due to the effects of the delay in treatment negligence on your life.

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

You have two years to make a medical negligence compensation claim* in Ireland. The two years begin from the date of the injury due to a delay in treatment, which is known as the ‘date of discovery.’

The date of discovery is the date when you are told that you have suffered injury due to medical negligence. You could be in pain for a number of years but only realise the pain is due to a delay in your treatment when told so by another doctor. The two years for you to begin a compensation claim only start on the date of the confirmed diagnosis of the injury.

A parent or other caregiver may make a compensation claim at any time for a child until their 18th birthday, regardless of the date of discovery. The child can make a compensation claim once they turn 18, but only if one was not made on their behalf before they became an adult.

In all medical negligence compensation claims*, it is usually best to make the claim as soon as possible while the evidence is still fresh and the staff on duty at the time are still available.

Valerie Kearins Solicitors will inform you of how and when you can make a medical negligence claim*.

Contact us today

Contact Valerie Kearins Solicitors today to make a medical negligence claim* for a delay in treatment.

Our team of medical negligence experts will be with you from day one and support you fully throughout the compensation claim process.

You are the one who has been injured and is suffering due to medical negligence by the GP, hospital consultant, or hospital staff. Valerie Kearins solicitors know what to do when forming a medical negligence compensation claim* and will be by your side from day one.

Contact Valerie Kearins today for your delay in treatment medical negligence claim*.

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