Unnecessary suffering, the suffering you go through due to medical negligence, can affect your life and even your ability to work and exercise. An unnecessary suffering claim you make is for compensation for the effects on your life today and in the future.

You can claim for unnecessary suffering due to a delayed course of treatment or possibly from a misdiagnosis of a medical condition. The pain, trauma and PTSD could be with you for life, and you may have a medical negligence compensation claim*.

O’Brien & Company Solicitors in Dublin can make a claim for compensation for unnecessary suffering.

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What is a construction site accident claim?

If you have had a construction site accident or been injured as a result of your work in construction, you may be able to make a construction site accident claim.

Your employer has a duty of care towards their employees and if your accident or injury is a result of a breach of that care or due to their negligence, then you may be entitled to compensation for your injury, as well as for the financial consequences for you of being injured and unable to work.

Following your injury, you may be unable to work and earn, you may face medical and other bills as a result of your accident or injury. A construction site accident claim is a workplace injury claim for compensation for your pain and suffering as well as any financial loss caused by the injury or accident.

What is an unnecessary suffering claim?

An unnecessary suffering claim is the legal process taken after the unacceptable pain and other effects of medical negligence in your care.

Medical negligence, such as unnecessary suffering, happens daily in Ireland due to underfunding of the HSE, cutbacks, long waiting times, and staff shortages. The State Claims Agency receives over 650 new claims each year, and 50% of claims relate to brain injury. Damages paid to victims of medical negligence in 2024 stood at €210.5 million, and the overall figure for outstanding claims in Ireland is over €5 billion.

If you experience unnecessary suffering, such as a delay in starting cancer treatment or a misdiagnosis due to faulty scanning equipment, you may have a compensation claim.

O’Brien & Company medical negligence solicitors in Dublin can look at the details of your case and see how to make a medical negligence compensation claim*.

Are You Eligible For Compensation?

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

Common claims for unnecessary suffering

Unnecessary suffering claims range from a failure to treat by the GP to delays in vital surgery to a missed diagnosis of sepsis in the A&E department.

You may escape serious injury, but you could still have a claim for unnecessary suffering. In some medical negligence injury claims, you often also have a claim for unnecessary suffering.

Types of unnecessary suffering claims:

  • Unnecessary suffering due to delays in treatment
  • Unnecessary suffering due to the wrong medication
  • Unnecessary suffering due to diagnosis errors
  • Unnecessary suffering during birth
  • Unnecessary suffering due to ambulance delays

Unnecessary suffering due to delays in treatment

Unnecessary suffering due to delays in treatment can happen in A&E, due to long waiting lists when ill, or even if the GP does not refer you for treatment after a diagnosis.

You could suffer pain from an untreated condition and be unable to work or even care for yourself.

An unnecessary suffering claim seeks compensation for the impact of the medical negligence on your life.

Unnecessary suffering due to the wrong medication

Unnecessary suffering due to the wrong medication is a common medical negligence claim* in Ireland. The prescribing doctor or the pharmacy should not prescribe an incorrect medication or issue the wrong dosage instructions.

Unnecessary suffering due to the wrong medication:

  • Chronic nausea due to taking the wrong medication
  • Severe side effects such as pain, cramps, and dizziness
  • Continued suffering from the original complaint due to the wrong medication

O’Brien & Company Solicitors in Dublin can make your medical negligence claim* for unnecessary suffering.

Unnecessary suffering due to diagnosis errors

With unnecessary suffering due to diagnosis errors, you could be suffering for many months or even years due to not being diagnosed correctly by a medical professional.

Types of claims for diagnosis errors:

  • Unnecessary suffering due to a misdiagnosis of cancer
  • Unnecessary suffering due to a missed diagnosis of diabetes
  • Unnecessary suffering due to a delayed diagnosis of sepsis

O’Brien & Company Solicitors will use their experience of medical negligence to make the compensation claim.

Unnecessary suffering during birth

Both the mother and the baby may go through unnecessary suffering due to medical negligence at the birth. Doctors and medical staff need to move quickly during a difficult birth to avoid injury and unnecessary suffering.

Types of birth unnecessary suffering claims:

  • Suffering of the mother due to delays during birth
  • Mental trauma due to birthing errors
  • Cuts and bruising to the mother and baby after the birth

O’Brien & Company Solicitors will make your medical negligence compensation claim*.

Unnecessary suffering due to ambulance delays

The unnecessary suffering due to ambulance delays is often due to a shortage of ambulances or errors with dispatching the ambulance to your home or to an accident.

Any unnecessary suffering will be due to a delay in beginning treatment or in getting you to the hospital on time. In the case of stroke, sepsis and cardiac arrest, prompt treatment is vital and can help avoid any unnecessary suffering.

O’Brien & Company Solicitors in Dublin has years of experience representing clients in medical negligence claims* for unnecessary suffering and other claims against the HSE.

Who can be responsible for unnecessary suffering due to medical negligence?

Any medical professional can be responsible for your unnecessary suffering due to medical negligence claim*. A hospital consultant, a GP or a paramedic owes you a duty of care, and if they breach that duty of care, then you may have a compensation claim.

A medical professional who may be responsible for unnecessary suffering and medical negligence:

  • The GP who fails to refer you for further treatment
  • The GP who does not examine you fully and misses a diagnosis
  • The hospital consultant who misses the signs of an infection
  • The A&E doctor who fails to order further tests
  • The hospital consultant who misses a diagnosis of kidney stones
  • The hospital consultant who fails to order treatment after a cancer diagnosis
  • The HSE hospital staff who fail to order a second round of chemotherapy
  • The HSE A&E department without enough staff on duty to treat you

The unnecessary suffering medical negligence can cause trauma, psychological damage and leave you in severe pain for many months.

Any medical negligence can affect your recovery from a condition and the unnecessary suffering you go through until you are on the correct treatment path.

O’Brien & Company medical negligence solicitors can be with you when making a compensation claim.

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.

Compensation for Unnecessary Suffering Medical Negligence in Ireland

Compensation for unnecessary suffering medical negligence in Ireland could see you receiving money to cover your costs and losses. You get compensation for the pain and other effects on your life of an incorrect diagnosis or in not beginning treatment as soon as possible due to the medical negligence.

When a medical professional breaches their duty of care to you, they may put your life in danger and cause you unnecessary suffering. In many cases, the effects could last for life, such as when you suffer a reaction to a medication or if you do not get the correct treatment for cancer or diabetes.

Medical negligence compensation differs from claim to claim. You could be incapacitated for life and need full-time care due to the medical negligence, or you may be out of work and lose income to your home.

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

In Ireland, a compensation claim for medical negligence is a combination of two types of damages.

What are the two types of damages in an unnecessary suffering claim?

The two types of damages in an unnecessary suffering claim cover the immediate effects on your life and the impact on your future life.

You claim damages for the pain and suffering, as well as the damages of loss of income and the need to make adaptations to the home and car, and other changes to your life.

The damages in an unnecessary suffering medical negligence claim* in Ireland are:

General damages in an unnecessary suffering medical negligence claim* are compensation for the Loss of Amenity in your life. The loss of amenity can be from the effects of severe pain or being very ill due to not getting the correct medical treatment.

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 an unnecessary suffering medical negligence claim* cover the extra costs in your life due to the effects of the medical negligence by a paramedic, GP, or hospital consultant.

Special damages in an unnecessary suffering medical negligence 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 the two damages due to 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.

Make a Medical negligence claim* Today

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

We have the experience in medical negligence and can fight any unnecessary suffering claim until you get the compensation you deserve.

You are the one who suffered an allergic reaction due to taking the wrong medication or lived in pain due to a missed diagnosis of a gallbladder issue, and you should get the compensation.

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

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

Unnecessary Suffering Negligence Claims Ireland FAQs

Yes, you can make a claim against the HSE for unnecessary suffering. The HSE has responsibility for the care of all patients, both in the hospital and as outpatients, and for any medical negligence in your treatment.

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.

Medical negligence in Ireland is any injury due to the lack of professional care by a medical professional. The medical professional can be a doctor, a hospital consultant, a nurse, or a paramedic.

You may have a medical negligence claim* if you can show:

  • The medical professional owes you a duty of care
  • They breached the duty of care during treatment
  • You suffered injury due to a breach of duty of care
  • The injury caused you suffering, pain and financial loss

If a medical professional treating you breaches their duty of care, leading to unnecessary suffering, you may have a medical negligence claim* for compensation.

You do not need a solicitor to make a medical negligence 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 medical negligence.

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

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

The time limits for making a medical negligence claim* in Ireland are two years from the date of the injury due to breach of duty of care by the HSE.

There is a ‘date of discovery’ clause in Ireland, where if you only recently discovered there was medical negligence in your care, you may still be able to claim after the two-year time limit.

A medical negligence claim* in Ireland can take at least 18 months to two years, if not longer, depending on the evidence you can provide.

The HSE will fight a claim, but it is easier to settle a claim if you have plenty of evidence.

Often, the HSE will fight a claim until you are on the point of giving up, but with O’Brien & Company Solicitors at your side, you can get compensation for the unnecessary suffering.

Contact us now
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.