A delay in surgery claim in Ireland is for the impact of the medical negligence on your life. Any delay in medical treatment can delay recovery, and in many cases, your health will worsen.

The delay in surgery can be due to medical negligence by the HSE, or a surgeon may be responsible for the surgery delay.

You can claim medical negligence compensation for the effects of surgical negligence. 

O’Brien & Company Solicitors in Dublin can make your delay in surgery medical negligence compensation claim*.

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What is a delay in surgery claim?

A delay in surgery claim is the legal process taken to get compensation for the losses and suffering caused by the delay in getting medical treatment. An appendix may burst, or a cancer could spread, are types of delay in surgery claims.

Delayed care in Ireland is a big issue in the Irish health service, with long waiting lists, staff shortages and backlogs due to the Pandemic affecting all types of surgery. A recent survey shows that 61% of prostate cancer surgeries were delayed in 2025, and 39% of lung cancer surgeries were delayed. A shocking 45% of breast cancer surgeries were delayed in 2025, leading to a very stressful time for patients. 

Delays in surgery cause setbacks in treatment, allow a condition to worsen and can lead to the death of a patient.

O’Brien & Company Solicitors will be with you when making a delay in surgery medical negligence claim*.

Are You Eligible For Compensation?

If you want to obtain compensation for the negligence you have suffered contact us today.

Common delay in surgery claims

Common delay in surgery claims in Ireland range from scoliosis surgery delays for children to the cancelled cancer surgery. Delays waste valuable time in treatment and can put lives in danger.

Types of delays in surgery claims:

Delay in cancer surgery claims are for those postponed and repeatedly delayed cancer surgeries that can affect the cancer treatment.

Types of delay in cancer surgery claims:

  • Delay in vital breast cancer surgery 
  • Delays in prostate cancer 
  • Delays in bowel cancer surgery

O’Brien & Company Solicitors in Dublin can make a delay in cancer surgery compensation claim.

Delays in scoliosis surgery in Ireland are in the news all the time at the moment. Families and the patients involved are suffering due to cutbacks and staff shortages in Children’s Health Ireland hospitals.

Children should get scoliosis surgery with minimum delay. A delay in scoliosis surgery will see the condition getting worse and will put the child’s life in danger in many cases.

O’Brien & Company Solicitors can work with your family to make a scoliosis surgery delay compensation claim.

The delays in routine surgery happen in HSE hospitals every day in Ireland. A delay in surgery for routine conditions only adds to waiting lists and backlogs in the HSE system.

Types of routine surgery delays in Ireland:

  • Delay in hip replacement surgery 
  • Delay in cataract removal surgery
  • Delay in surgery for gallbladder and other digestive issues

O’Brien & Company Solicitors in Dublin have the experience in medical negligence to make your compensation claim.

Any delay in surgery due to diagnosis errors can be medical negligence in the A&E department or from a consultant when they make an error reading your test results.

Types of delay in surgery due to diagnosis errors:

  • An A&E doctor fails to refer a patient for surgery due to a missed diagnosis
  • Delay in heart surgery due to diagnosis errors by the GP
  • A hospital consultant makes a diagnosis error, causing surgery delays

Correct diagnosis and referral for surgery are vital to avoid medical negligence errors.

Delays in surgery, from cancer to routine elective procedures, can be due to medical negligence by the HSE hospital. Having a patient ready for surgery and then cancelling it will cause delays in treatment and recovery.

Types of delay in surgery due to HSE negligence:

  • Staff shortages cause a delay in routine surgery in the HSE hospital
  • Closed operating theatre led to surgery delays
  • Work scheduling errors with surgical staff lead to delays in cancer surgery

Delays in surgery due to clerical errors or staffing shortages could be medical negligence.

O’Brien & Company Solicitors has the experience in making delay in surgery medical negligence claims* in Ireland.

Compensation for a delay in surgery claim in Ireland

Compensation for a delay in surgery claim in Ireland could see you receiving money to cover your costs and losses. You claim compensation for any unnecessary suffering and other effects on your health due to a delay in surgery.

When a medical professional, such as a surgeon, breaches their duty of care, they may put the life of the patient in danger. In some cases, the effects of negligence cause the death of the patient due to a delay in surgery.

There is not one fixed amount of compensation for delay in surgery medical negligence, and you seek compensation for your losses, known as damages, in a surgical medical negligence claim*.

A compensation claim for medical negligence is a combination of two types of damages.

What are the two types of damages in a delay in surgery claim?

The two types of damages in a delay in surgery medical negligence claim* cover the immediate effects on your life of any delays in your treatment.

You claim damages for the pain and suffering, as well as the damages of loss of income and other financial costs, and any changes to your life.

The damages in a delay in surgery claim in Ireland are:

General damages in a delay in surgery claim are compensation for the Loss of Amenity in your life. The loss of amenity can result from severe pain, the failure to get a knee replacement or other effects when surgery is delayed.

A loss of amenity can be seen in a difficulty walking, exercising, or getting to work. 

You can also claim for the Pain and Suffering experienced due to a breach of the duty of care to you when being treated by a medical professional.

The special damages in a delay in surgery claim cover the extra costs in your life due to the effects of the medical negligence by an A&E doctor, hospital consultant, a surgeon, or the HSE.

Special damages in a delay in surgery claim are:

  • Medical costs
  • Loss of earnings
  • Travel costs 
  • Cost of care
  • Further treatment costs
  • Cost of aids and equipment 

A medical negligence claim* in Ireland seeks compensation for two types of damages arising from a medical professional’s breach of duty of care.

O’Brien & Company Solicitors will be by your side throughout the process and can advise you on what money to expect and when to settle or continue the fight.

Need Advice? Speak With An Expert.

If you are a victim of medical negligence, obtaining the advice of a professional and experienced solicitor is in your best interests.

Who can be responsible for a delay in surgery in Ireland?

The medical professional responsible for your surgery can be responsible for the delay in surgery medical negligence.

In Ireland, the HSE is responsible for most surgeries and delays in surgery can be due to errors by HSE management.

Those responsible for delays in surgery:

  • The surgeon who does not diagnose the need for surgery
  • The A&E doctor who does not refer the patient for surgery
  • The HSE hospital that does not schedule the surgery
  • The HSE hospital that does not roster the surgical staff
  • The surgical teams that fail to prepare the patient for surgery

Any delay in surgery will impact the patient and cause unnecessary suffering.

O’Brien & Company Solicitors will make a delay in surgery medical negligence claim* for compensation.

Make a delay in surgery negligence claim today

Make a delay in surgery negligence claim today by contacting O’Brien & Company Solicitors in Dublin.

We have the experience in medical negligence and can fight the claim for financial costs and losses, as well as pain and unnecessary suffering.

O’Brien & Company Solicitors has an experienced legal team to handle your compensation claim and will be with you at every step of the process.

Contact O’Brien & Company medical negligence solicitors in Dublin to make your delay in surgery negligence claim today.

Frequently Asked Questions about Delay in Surgery Claims in Ireland

A delay in surgery claim can take just a few months, but more than likely, and this is the norm with many medical negligence claim*s, it will take at least 18 months and probably longer.

The HSE will want to investigate the circumstances of the medical negligence, which will delay the claim.

In most claims, the HSE will dispute the claims and fight the medical negligence claim* from day one.

You do not need a solicitor to make a delay in surgery claim, but the right solicitor will make the compensation claim process a lot easier for you.

The right medical negligence solicitor will know how to make the claim. They will know what evidence you need and how to present it.

A good medical negligence solicitor will also know what questions to ask you when getting an idea of your losses due to a delay in surgery negligence.

No, you do not have to go to court with a delay in surgery claim in Ireland. There are cases when the claim goes to court, but O’Brien & Company Solicitors will be there for you and the family.

The negligent party, usually the HSE, hopes you will back down and be intimidated by going to court.

We find that a medical negligence claim* is usually settled in the days before the court case, or even on the steps of the court on the morning of the claim.

O’Brien & Company medical negligence solicitors in Dublin will explain the claims process to you.

Yes, you can claim delay in surgery negligence on behalf of a family member who cannot make a claim themselves. 

Unfortunately, patients pass away due to a delay in surgery, but the family and loved ones left behind can still make a claim for medical negligence. 

Dependents who can claim for the delay in surgery compensation:

  • The husband or wife of the victim 
  • The parents of the patient
  • Grandparents of the patient
  • Children of the patient
  • Adult dependents of the patient 
  • Family members who relied on the victim for care and financial support
  • A sister or brother 
  • A half-brother or half-sister 

You can make a medical negligence claim* for your losses and also on behalf of a loved one who is unable to claim due to infirmity or other issues.

O’Brien & Company Solicitors can explain who can make a medical negligence claim* in Ireland.

Yes, you can make a claim against the HSE for medical negligence. The HSE is responsible for the care of all patients, both in hospital and as outpatients, and for any medical negligence in the treatment of your loved one.

The State Claims Agency can handle your claim for medical negligence through your solicitor.

O’Brien & Company Solicitors has the experience of working with the State Claims Agency.

The time limit for making a delay in surgery claim in Ireland is two years. Having two years may seem plenty of time, but you should always get started on the claim as soon as possible, when the evidence is clear, and you can form the claim properly.

In Irish medical negligence law, a Date of Knowledge clause applies when a patient suffers due to negligence by a medical professional. 

The Date of Knowledge means the two-year limitation period runs from the day the negligence is diagnosed, not from the date it occurred.

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in confidence.

O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.

We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.