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Misdiagnosed Infections

Misdiagnosed infections2026-04-30T12:22:07+00:00

 

A misdiagnosed infection is medical negligence, which can cause harm to you or a loved one. A misdiagnosed infection, if left untreated, can quickly develop into sepsis and damage internal organs, putting your life in danger.

Every medical professional owes you a duty of care. If they miss an infection, it could be a breach of that duty of care, and you may have a medical negligence compensation claim.

O’Reilly Doherty & Co Solicitors in Dublin can make your medical misdiagnosis compensation claim.

 

What counts as medical negligence in Ireland?

Medical negligence in Ireland is when a medical professional treats you at a standard below which any other medical professional would provide treatment.

Medical professionals owe patients a duty of care. If they breach that duty of care, causing unnecessary suffering, it can be medical negligence, and you may have a compensation claim.

Over a six-year period from 2018 to the end of 2024, HSE medical negligence payments rose from €2.8 billion to €4.6 billion. By the end of 2024, the State Claims Agency had received 705 new claims, representing nearly two claims for medical negligence in Ireland per day. 

With O’Reilly Doherty & Co personal injury solicitors, medical negligence is a speciality, and we work with unnecessary suffering claims all the time.

What is a misdiagnosed infection?

A misdiagnosed infection is when the medical professional treating you misses an infection or gives you a diagnosis of another illness. Any infection should be diagnosed quickly and correctly before being treated with the right medications.

The misdiagnosis of an infection is a type of clinical negligence, and there are nearly 107,00 medical negligence cases in the Irish medical care system annually. While 45% resulted in no injury to a patient, that still leaves 55% of reported adverse incidents causing injury to patients. 

Any type of medical negligence, from a misdiagnosed infection to a missed diagnosis of an infection, can cause injury.

O’Reilly Doherty & Co Solicitors in Dublin can help you make a medical negligence compensation claim for the effects of a misdiagnosed infection.

Common misdiagnosed infection claims in Ireland

Common misdiagnosed infection claims in Dublin and around Ireland range from the misdiagnosis of tonsillitis to the losses due to a misdiagnosis of sepsis.

You make a medical negligence claim* for the impacts of the misdiagnosed infection on your life today and in the future.

Types of misdiagnosed infection claims:

Misdiagnosed tonsillitis claims can lead to multiple hospital admissions, unnecessary suffering and invasive surgery, which may have been avoided.

A simple examination of the patient and treatment with the appropriate antibiotics can prevent tonsillitis from becoming a major infection.

The misdiagnosed infection as being only a minor throat infection can have an impact on a child or an adult.

Misdiagnosed meningitis infection claims are for the long-term suffering caused by the effects of meningitis on the patient’s life.

Common misdiagnosed meningitis infection claims:

  • Meningitis is dismissed as a childhood infection
  • Brain damage due to misdiagnosed meningitis in a young teen
  • Death of a patient due to a misdiagnosed meningitis infection

O’Reilly Doherty & Co medical negligence solicitors will make your compensation claim.

Misdiagnosed infection in children can have an impact on the rest of their lives, due to their inability to fight infection and their lower resistance to many diseases.

Types of misdiagnosed infections in children claims

  • Loss of a limb due to a missed diagnosis of a childhood infection
  • Misdiagnosis of infection led to sepsis in a newborn baby
  • Misdiagnosed meningitis infection caused delays in a child’s development

O’Reilly Doherty & Co Solicitors in Dublin know how to make a medical negligence claim* on behalf of a child.

Maternity infections are treatable when diagnosed quickly, and the correct antibiotic is given to both the mother and child.

A misdiagnosed infection can be very damaging to a newborn and can impact them for life.

The new mother is vulnerable to many infections, and a misdiagnosed one can cause unnecessary suffering at what should be a time of joy.

O’Reilly Doherty & Co Solicitors can make a misdiagnosed maternity infection medical negligence claim*.

Having a misdiagnosis of pneumonia can be frightening, as the infection can get worse very quickly, leading to spending time in A&E and being treated with very strong medications.

Types of claims for misdiagnosed pneumonia:

  • GP misdiagnosed pneumonia as a bout of flu
  • Misdiagnosed pneumonia treated as a bad chest infection
  • Misdiagnosed pneumonia infection put the patient’s life at risk

Any misdiagnosed infection can develop into something a lot worse, and you may have a medical negligence claim* for the effects on your life.

O’Reilly Doherty & Co Solicitors will make the misdiagnosed infection claim for medical negligence.

Compensation for misdiagnosed infection claims

Compensation for misdiagnosed infection claims in Ireland is for the impact of the medical negligence on your life. You claim compensation for the medical professional’s breach of duty of care when they fail to diagnose the infection at an earlier stage.

In every compensation claim, the injured party claims damages for the effects of clinical negligence on their life today and in the future.

Damages in a misdiagnosed infection compensation claim are a combination of:

General Damages are compensation for what is known as the Loss of Amenity in your life.

After medical negligence in your diagnosis and treatment of an infection, you may have issues with personal care, in exercising, and in doing the everyday jobs you could do before the personal injury. 

You claim compensation for this Loss of Amenity due to the clinical negligence.

Special Damages in a medical negligence claim* are for the financial costs to you due to the errors when under the care of a GP, a paramedic, an A&E team and the HSE hospital.

You have been injured, and you should not be out of pocket or face substantial medical bills due to negligence by a medical professional.

You claim Special Damages for costs and financial losses, such as Medical Bills, Loss of Income, out-of-pocket expenses, and the cost of home and car adaptations.

 

O’Reilly Doherty & Co. Solicitors have the experience to be with you at every step of the medical negligence claim*.

Is a misdiagnosed infection medical negligence?

Yes, a misdiagnosed infection is considered to be medical negligence in Ireland. Any time you suffer an injury due to negligence by a medical professional, it could be medical negligence.

To show medical negligence for a compensation claim:

  • A medical professional owed you a duty of care, i.e. the A&E doctor
  • A medical professional breached their duty of care, i.e. misdiagnosed infection
  • The breach of duty of care led to your injury, i.e. developed sepsis
  • You had financial costs and losses due to the breach of duty of care. i.e. loss of income or the need to pay for full-time care

When you have a misdiagnosed infection, the effects can be terrible, and you may be able to make a medical negligence compensation claim.

O’Reilly Doherty & Co Solicitors can make your medical negligence claim* against those liable for the misdiagnosed infection.

Who is liable for the misdiagnosed infection negligence?

Anyone involved in the diagnosis and the care of a patient when making a diagnosis can be liable for the misdiagnosed infection negligence.

A misdiagnosed infection should not happen, but if it does, those responsible can be:

  • The GP who makes a misdiagnosis
  • The paramedic who misses the infection
  • The A&E doctor who misreads test results
  • The hospital doctor who fails to treat the infection
  • The hospital staff on the ward
  • The maternity care team
  • The HSE hospital
  • Private hospitals and healthcare providers

You make a compensation claim against the HSE or private healthcare provider responsible for the medical negligence when being diagnosed with an infection.

The effects of a misdiagnosed infection

The effects on you or a loved one of a misdiagnosed infection can be long-term and have a huge impact on your life.

Other impacts on your life following a misdiagnosed infection may not be as long-term, but could still have an impact on your life.

Potential effects of a misdiagnosed infection:

  • Physical complications, such as nerve and muscle damage
  • Psychological trauma of what happened
  • Having to undergo invasive surgery
  • Living with brain damage
  • Living with damage to internal organs
  • The need to spend more time in hospital
  • The need for full-time care
  • The need to change employment
  • Being unable to drive or play sports

O’Reilly Doherty & Co Solicitors can work with you to make a medical negligence claim*.

Misdiagnosed infections leading to sepsis claims

Misdiagnosed infections leading to sepsis claims are common in HSE hospitals due to less time being spent with patients caused by staff shortages, underfunding, and long waiting times in the A&E departments.

A misdiagnosed infection can quickly become sepsis if not treated or if treated with the wrong medication. Cases of misdiagnosed infections seen in Ireland are the likes of patients left in A&E trollies while sepsis developed, or patients sent home from A&E with a misdiagnosed infection which develops into sepsis.

Many cases involve GPs who misdiagnose an infection by not referring a patient for further testing or by making a diagnosis without doing all the checks.

Sepsis needs to be diagnosed correctly and promptly. Medical professionals are trained to diagnose sepsis and should not misdiagnose it as a lesser infection.

O’Reilly Doherty & Co Solicitors can make your misdiagnosed infection leading to sepsis claims.

Make a medical negligence claim* for compensation today

Make a medical negligence claim* for compensation today by contacting O’Reilly Doherty & Co Solicitors in Dublin.

We have the team in place to handle your claim and secure compensation for your injuries.

Medical negligence can be a complicated process, but with the right solicitor on your side, you can get the compensation you deserve.

O’Reilly Doherty & Co. Solicitors in Dublin will help make your misdiagnosed infection claim for compensation.

Misdiagnosed infections negligence FAQS

Yes, you can make a medical negligence claim* against the HSE. The HSE is a big organisation, but we know exactly who to contact for a medical negligence claim* and how to contact them.

The HSE may well deny your claim for medical negligence when you make it. Your solicitor will expect the HSE to react and will know how to take the next step in making a claim.

A patient who has suffered damages due to a misdiagnosed infection can make a compensation claim in Ireland.

They can claim for the lack of professional care during their treatment in A&E, or for medical negligence by a GP in diagnosing an infection.

Yes, you can make a medical negligence claim* on behalf of someone who is too ill to make a medical negligence claim* or someone who died due to medical negligence. 

Dependents in medical negligence claims* in Ireland can be:

  • The spouse of the victim of medical negligence
  • A parent 
  • A step-parent 
  • A grandparent 
  • A child 
  • A step-child 
  • An adult-dependent 
  • Family members who relied on the patient for care and financial support
  • A sister or brother 
  • A half-brother or sister 

You prove medical negligence in Ireland by gathering all the evidence before you make the case against the doctor, nurse, or hospital responsible.

Evidence can be:

  • Medical records
  • Hospital incident report on the medical negligence
  • Medical report from an expert medical witness
  • Personal account of what happened to you

O’Reilly Doherty & Co. Solicitors in Dublin can tell you exactly what is needed and arrange for you to see the necessary experts when making a medical negligence compensation claim.

Medical negligence claims in Ireland can take more than 18 months—some cases last for years until the patient wins compensation.
If you have the evidence in place and the right solicitor by your side, you can help the medical negligence claim* progress quickly through the system.

No, you do not have to go to court with a medical negligence claim*. Many negligence claims are clear; the evidence is on record, and those responsible, i.e., the HSE, are obvious.

Some medical negligence claims*, though, can be difficult, and the other side will fight you all the way.

Medical negligence claims can go to court when this happens, but O’Reilly Doherty & Co Solicitors will be with you from day one.

Medical Negligence Claim Types

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