Failure to refer claims seek compensation for medical negligence when a medical professional does not refer you for treatment or does not refer you for tests. It may also be a failure to refer claim if a GP does not refer you to see a hospital consultant.

Failure to refer you for treatment means losing valuable time treating an illness. The failure to refer you for tests wastes time when a diagnosis is necessary, and a failure to refer you to see a hospital consultant could put your life in danger.

When making a failure to refer compensation claim*, you are looking for damages for the effects of the medical negligence on your life. Medical negligence may affect you today and in the future.

Hughes & Associates Solicitors in Dublin will help make your medical negligence compensation claim* for failure to refer you by a doctor.

Contact Hughes & Associates for help with your Failure to Refer Claim

Table of content:

What is a failure to refer claim?

A failure to refer claim is the legal process you follow to get compensation for medical negligence by a medical professional. You make the compensation claim* against the HSE or the private medical provider responsible for the failure to refer medical negligence.

According to the State Claims Agency, the statutory body responsible for most clinical negligence cases, nearly €5 billion was paid in compensation to victims of medical negligence between 2018 and 2023. With hospital overcrowding, staff shortages, and long waiting lists, the likelihood of medical negligence due to a failure to refer will only increase. 

On the list of ongoing medical negligence scandals in Ireland are the Kerry CAMHs case, the cervical cancer negligence cases, the CHI hip dysplasia cases, and the sodium valproate, Epilim, cases for pregnant mothers. Medical negligence can harm your life, and you could have a claim for compensation for treatment errors and the failure to refer you when ill.

Hughes & Associates medical negligence solicitors can be by your side when making a claim for failure to refer in medical negligence.

Contact Hughes & Associates for help with your Failure to refer Claim

Common claims for failure to refer negligence

The common claims for failure to refer negligence range from failing to refer you for tests when showing the symptoms of diabetes to the failing to refer you to see a hospital consultant when you have a sore back.

Medical negligence can have a lasting impact on you and your family. You may have to live with the effects of severe pain and the unnecessary suffering, and the family could suffer a lack of income to the home.
Common failure to refer claims:

The failure to refer a patient for cancer screening can delay a correct diagnosis, delay the beginning of treatment, and could lead to a misdiagnosis of your cancer in some cases.

Types of failure to refer for cancer screening claims:

  • Failure to refer a woman for cervical cancer screening
  • Failure to refer a patient for bowel cancer screening
  • Failure to refer for lung cancer tests when showing the symptoms.

The failure to refer a patient for cancer screening could miss the chance to make an early diagnosis and to begin accurate treatment for your cancer.

Failure to refer a patient to a hospital consultant could put the patient’s life in danger and may affect the diagnosis and treatment of many conditions.

The GP or outpatient doctor examining a patient must refer a patient showing any symptoms to a hospital consultant for an appointment.

Types of failure to refer a patient to see a hospital consultant claims:

  • Failure to refer a patient to see an oncologist when showing symptoms
  • Failure to refer a patient to see an ophthalmic consultant
  • Failure to refer a patient to see a blood specialist

You may have a medical negligence claim* when you are not referred to see a hospital consultant for a correct diagnosis.

Failure to refer a patient for cardiac tests can result in the patient having a heart attack and doing permanent damage to the heart and surrounding parts of the body.

If you are showing symptoms of heart problems, the GP or A&E doctor should refer you for further tests. The chances of avoiding a serious heart attack are reduced by taking prompt action, and failure to do so may constitute medical negligence.

If you have a family history of cardiac illness or if you have a lifestyle that could cause heart issues, the doctors must refer you for tests if you are showing signs of heart strain.

The failure to refer a patient for cardiac tests may delay diagnosis and cause long-term damage.

The failure to refer a patient for orthopaedic assessment can cause numerous issues and may have a particularly significant impact on children. 

An orthopaedic issue, such as hip pain, should be referred for further tests and examination by a hospital consultant.

Types of failure to refer a patient for orthopaedic assessment claims:

  • Failure to refer a child for scoliosis testing
  • Failure to refer a patient for a hip X-ray
  • Failure to refer a patient to see an orthopaedist

You could have mobility problems for life due to failure to refer, and you may have a medical negligence claim*.

The failure to refer a patient for psychiatric assessment could see the mental health issue worsening in the patient and could even put the patient’s life in danger.

Mental illness can emerge at any time in a patient’s life, and the GP or A&E doctor must take steps to refer the patient for assessment.

The correct treatment can follow a referral for psychiatric assessment, but failure to refer may be medical negligence.

Hughes & Associates Solicitors can look at the details of your possible medical negligence claim* for failure to refer when you are ill.

Damages in a Failure to Refer claim

Damages in a failure to refer claim for compensation are a combination of:

General Damages in a failure to refer claim are compensation for the effects of the suffering due to a medical professional’s breach of duty of care to you.

The general damages in a failure to refer claim can be for

  • The unnecessary pain due to the delayed diagnosis and treatment
  • Any continued unnecessary discomfort 
  • The unnecessary suffering caused by the failure to refer
  • The effect on the patient of being unable to exercise, drive and play sports 

General Damages may be claimed in a medical negligence case where the injuries cause pain and inconvenience and affect the patient’s ability to continue with their normal day-to-day activities.

Special Damages in a failure to refer claim are for the financial effects on your life due to the medical negligence. 

In a failure to refer claim, damages may be for the errors by a GP, nurse, A&E doctor, or hospital consultant that led to you living with the pain of an undiagnosed condition such as diabetes or having to undergo more invasive cancer treatment.

With Special Damages, you can claim for: 

  • The loss of earnings
  • Care costs today and in the future 
  • Out-of-pocket expenses such as travel, medical appointments, further treatment 

Special Damages are for the financial effects of a loss of income after the failure to refer negligence when you cannot work or may even need to change your employment.

You may claim Special Damages to offset the financial costs of medical negligence, ensuring you are not out of pocket due to the actions of others. 

A compensation claim* will help you get what is needed to maintain a similar quality of life as before the failure to refer negligence impacted your life. 

Your Hughes & Associates Solicitors can guide you on what to expect in compensation and how to make a claim for failure to refer negligence.

The two types of damages consider the effects of the medical negligence before, during and after the meeting with a GP, a doctor, nurse or hospital consultant and its impact on your life today and in the future.

How to make a medical negligence claim* in Ireland

There are a few steps to follow when you make a medical negligence claim* in Ireland. Making any medical negligence claim* may seem daunting, especially if you are taking on the HSE or the consultant you may know from being in their care over many years.

You may be worried about engaging in legal proceedings against HSE, the well-known hospital consultant or the private medical provider, but with the help of a medical negligence solicitor, you can navigate your way through what could be a complex process. 

The steps to follow when making a medical negligence claim* in Ireland are:  

You should engage a medical negligence solicitor as soon as possible to further your medical negligence claim* for failure to refer. The team at Hughes & Associates Solicitors can advise on your case and how it could proceed.

With our no-obligation consultation, we can meet with you in confidence and advise you on the strengths of your case.

To investigate your case, we will request an initial medical report from your doctor to outline your injuries arising from the failure to refer medical negligence and any ongoing poor health issues.

Updated reports with a final prognosis from your doctors will be taken up before your case is settled.

We will help investigate your case by requesting all relevant medical records and files, obtaining a report on the incident from hospital management, and seeking further independent medical expertise for their opinion.

Submission of the medical negligence claim* to the HSE is the next step in the process.

Hughes & Associates Solicitors will compile all your medical evidence from the hospital and independent medical experts and see how it makes for a valid medical negligence claim*.

When we have all the evidence needed, we will contact the HSE on your behalf and make the clinical negligence claim.

Dealing with the reply from the HSE is usually the next step in your medical negligence case.

The HSE will respond by letter, either admitting to medical negligence, denying it, or possibly admitting to some part but not all of it.

Unfortunately, you may need to go to court if the HSE denies all responsibility for the failure to refer negligence or cannot agree on an acceptable level of compensation for your injury.

Going to court may be the final step in resolving your medical negligence case. Your Hughes & Associates Solicitors will continue with your case when court becomes the only option and advise you on how to approach it.

We can assist you with court proceedings and provide guidance throughout every step of a complex process, ensuring it is as smooth as possible for you and your family.

Court proceedings can be protracted, and you will need experience and expertise on your side when in the courtroom.

Hughes & Associates Solicitors can provide that much-needed experience when the time comes to go to court.

In some cases, a medical negligence claim* is settled on the steps of the court when the negligent party meets the person who suffered the injury due to the medical negligence.

The two types of damages consider the effects of the medical negligence before, during and after the meeting with a GP, a doctor, nurse or hospital consultant and its impact on your life today and in the future.

Make a Failure to Refer claim today

Make a failure to refer claim today by contactingHughes & Associates Solicitors in Dublin.

The experience of Hughes & Associates Solicitors in dealing with all types of medical negligence can help you get the most from a compensation claim*.
You are the one who suffered a breach of duty of care by the medical professional. You are the one who had to suffer unnecessary pain and discomfort and whose life could be in danger due to failure to refer by the medical professional.

You could lose your income if you are unable to work, or you may need to accept a job at a lower salary than before the medical negligence occurred. You could have a compensation claim* for any financial losses to the home.

You and other family members should not be out of pocket due to medical negligence.

Contact Hughes & Associates Solicitors today and let us make your failure to refer compensation claim*.

Contact the Hughes & Associates Team

    Phone
    +353 1 891 0020
    Email
    info@hughessolicitors.ie