A misdiagnosis claim needs two things: a diagnosis that a reasonably careful doctor would have made sooner, and proof that the delay made your outcome worse. This page explains both, with the conditions where delay most often changes the result.
It is a medical negligence claim where a doctor failed to diagnose a condition, diagnosed the wrong one, or took too long to reach the right one, and the delay caused harm.
Under the Dunne test, the question is whether a reasonably careful doctor of the same kind, with the same symptoms and results in front of them, would have made the diagnosis or ordered the test that would have found it.
Conditions where time matters include:
A missed diagnosis is not enough on its own. You must also show, on the balance of probabilities, that earlier diagnosis would have led to treatment that avoided or reduced the harm.
If the result would have been the same with a correct diagnosis on day one, there is no claim, even where the delay was negligent.
Two independent medical experts usually report:
The records that matter are the notes of each visit, the times of observations and tests, X-ray and scan reports, and the advice you were given when sent home. Write down the dates you went back and the symptoms you described each time.
Proceedings can only issue once supportive expert evidence is in place. These claims go to court, not to the Injuries Resolution Board.
Compensation covers the difference the delay made, not the illness itself. The court separates the harm the condition would have caused anyway from the harm caused by the delay.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Paul Kearney founded the practice and leads its medical negligence work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.
Every medical negligence claim needs independent expert evidence. We instruct independent medical experts in the relevant field to report on the care you received and on what difference it made.
We get your medical records and go through them with you, so that you know where you stand before any claim is started.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
A misdiagnosis is a wrong diagnosis, such as a heart attack recorded as indigestion. A delayed diagnosis is the right diagnosis reached too late, often after several visits.
Both are judged by the same test, and both need proof that the error made the outcome worse.
Not always. The Dunne test asks what a reasonably careful doctor would have done, and some conditions show few signs at first. The question is whether there were warning signs that a careful doctor would have acted on, by testing, admitting or referring.
Possibly. Some fractures, such as scaphoid fractures in the wrist, don't always show on the first X-ray, so the standard approach is to treat a suspected fracture and arrange a follow-up.
A claim usually depends on whether the X-ray was read with reasonable care and whether that follow-up was arranged.
Back pain or sciatica with numbness around the bottom or genitals, new bladder or bowel problems, or weakness in the legs. A doctor who sees these signs is expected to arrange an urgent scan and surgical opinion, because delay can leave lasting nerve damage.
Your own account still counts as evidence. Texts, emails, a family member who was with you, and later records where you described earlier symptoms can all help show what the doctor was told.
No. Under Part 4 of the Civil Liability (Amendment) Act 2017, information and apologies given in open disclosure are not an admission of liability. The claim still has to be proved from the records and independent medical evidence.
Yes, where the delay caused serious harm. A GP has their own indemnity rather than State Claims Agency cover. See GP negligence claims.
Two years from your date of knowledge, under the Statute of Limitations (Amendment) Act 1991.
In delayed diagnosis claims that is often the date you learned the condition could have been found earlier, rather than the date of the first visit. For a child, the two years start at 18.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
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