O'Reilly Doherty & Co Solicitors

Failure to refer for further testing claims

Failure to refer for further testing claims2025-10-22T09:22:17+00:00

Failure to refer for further testing claims are for medical negligence before and during a diagnosis. You may need further testing to confirm a diagnosis or to make an accurate diagnosis for treatment, and a failure to refer can be medical negligence.

Further testing can help diagnose a case of diabetes or if you have high blood pressure. An accurate cancer diagnosis needs further testing before treatment, such as a blood test or a scan.

Every medical professional owes you a duty of care. The failure to refer you for further testing may be a breach of that duty of care if you suffer a diagnosis error by the GP, A&E doctor, or hospital consultant. 

O’Reilly Doherty & Co medical negligence solicitors in Dublin have the experience to work with you to make a compensation claim for a failure to refer for further testing.

What is a failure to refer for further testing claim?

A failure to refer for further testing claim is the legal process to get compensation for medical negligence. If you suffer injury due to a failure to refer for further testing, you may have a medical negligence compensation claim.

Further testing is key to an accurate diagnosis of a medical condition. A recent HSE survey carried out over two years from 2021 to 2023 showed 79.2% of delayed diagnosis cases were due to a delayed access to services, of which a failure to refer for testing is an issue. 2023 saw a 19.3% increase in HSE diagnosis incidents, with 52% of diagnosis errors attributed to issues with testing and the reporting of results.

Your GP should refer you for further tests when you are showing symptoms of a condition or the symptoms are persisting despite treatment. The A&E doctor should refer you for testing, and the hospital consultant must use further testing when diagnosing a condition.

O’Reilly Doherty & Co Solicitors in Dublin can work with you to make a failure to refer for further testing compensation claim.

Common claims for failure to refer for further testing

The common claims for failure to refer for further testing range from the GP not sending a patient for blood tests to the hospital consultant not ordering an MRI when making a diagnosis.

You make the medical negligence claim* for the effects of the failure to refer for further testing on your life.

Common failure to refer for further testing claims:

If the dermatologist fails to refer for further testing, they could be missing an early chance to make an accurate diagnosis. Additional testing may quickly diagnose a skin issue and allow the correct treatment to begin.

Types of failure to refer for testing by a dermatologist claims:

  • Failure to refer for further testing for a suspected melanoma 
  • Failure to refer for further testing to diagnose skin cancer
  • Failure to refer for further testing leads to incorrect treatment 

O’Reilly Doherty & Co Solicitors can make your further testing negligence claim* against the dermatologist.

When the GP fails to refer for further testing, it could affect a diagnosis or delay treatment for a serious condition. The GP is often the first line of defence in a diagnosis, and GP medical negligence can lead to numerous health issues.

Types of GP failure to refer for further testing claims:

  • GP fails to refer a patient for further blood tests
  • GP fails to refer a patient for further cancer diagnosis tests
  • GP fails to refer a patient for further neurological tests

The GP should always refer a patient for further tests before making a diagnosis.

When the oncologist fails to refer for further testing, they could waste valuable time in making an accurate cancer diagnosis, and the medical negligence could allow the cancer to progress without treatment.

Types of failure to refer by an oncologist claims:

  • Failure to refer a patient for another scan despite the first scan being positive
  • Failure to refer a patient for further testing to another oncologist
  • Failure to refer a patient for further testing when symptoms get worse

O’Reilly Doherty & Co Solicitors in Dublin may be able to make a medical negligence claim* against the oncologist.

The A&E doctor is the first doctor you meet in an emergency, and they should not make the error of failing to refer you for further testing. An A&E doctor must look at the symptoms and refer a patient for further testing before making a diagnosis. 

Types of A&E failure to refer for further testing claims:

  • A&E doctor fails to refer a patient for further blood tests 
  • A&E doctor fails to refer a patient for further cardiac testing
  • A&E doctors fail to refer a patient for scans following an accident

The A&E doctor must refer a patient for further testing to help with an accurate diagnosis and treatment plan.

If the neurologist fails to refer the patient for further testing, it could be medical negligence, as the issue may get worse until an accurate diagnosis is made in the hospital.

Types of failure to refer for further testing by a neurologist claims:

  • Failure to refer for a MRI scan on a problem area of the body
  • Failure to refer a patient for an EEG when they need one
  • Failure to refer the patient with a possible brain injury for a PET scan

The neurologist must use all available testing before making an accurate diagnosis of the patient’s condition.

Further testing is vital for making an accurate diagnosis of a patient’s condition, and it could be medical negligence by the doctor if they fail to refer the patient for additional tests.

O’Reilly Doherty & Co medical negligence solicitors can make a claim for failure to refer for further testing.

Compensation for failure to refer for further testing

Compensation for failure to refer for further testing in Ireland is for the impact of the medical negligence on your life. You claim compensation for the negligence by the GP, hospital consultant and A&E doctor when you are a patient in their care.

The level of compensation awarded for any medical negligence claim* varies from case to case. The effect on your life of a failure to refer for further cancer testing could be different from that on another patient with different circumstances.

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

Damages in failure to refer for further testing compensation claims are a combination of:

General Damages in a failure to refer for further testing claim are compensation for what is known as the Loss of Amenity in your life.

If you suffered the medical negligence of a failure to refer for further testing, you may:

  • Have unnecessary pain and discomfort
  • Suffer difficulty in walking, exercising, and getting out of bed
  • Have difficulty doing the everyday jobs you could do before the injury
  • Have the devastating effects of an undiagnosed stroke, diabetes, or cancer

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

Special Damages in a failure to refer for further testing compensation claim are for the financial costs to you of the errors before and during your diagnosis by a medical professional.

You are the one who has been injured, and you should not be out of pocket or face substantial medical bills due to negligence by a medical professional failing to refer you for further testing.

You claim the Special Damages for costs and financial losses such as Medical Bills, Loss of Income, Out of Pocket Expenses and paying for adaptations to the home and car.

O’Reilly Doherty & Co Solicitors have the experience of claiming compensation and will be with you at every step of a medical negligence claim*.

Fatal medical negligence claim*s

Fatal medical negligence claim*s in Ireland can be taken against the medical professional responsible for a loved one who passes away due to a failure to refer for further testing when needed.

If the doctor treating your family member failed to refer them for further testing, missing the chance of an early, accurate diagnosis of cancer, they could pass away due to the medical negligence.

The types of failure to refer for further testing medical negligence claim*s can range from a failure by the GP to refer a patient for cancer testing to the failure by an A&E doctor to refer for cardiac testing when the patient has symptoms of heart failure.

The failure to refer for further testing can delay diagnosis and delay the correct treatment for a condition, resulting in the premature death of a patient.

Who can make a medical negligence claim* in Ireland?

If you suffered medical negligence in Ireland, you may be able to claim compensation. You can claim for the lack of professional care in any medical diagnosis and treatment due to a failure to refer for further testing.

The family and dependents of the patient who died due to the fatal medical negligence can make a compensation claim for their losses. If a dependent is too ill or not able to make a medical negligence claim* due to a disability, their family and dependents can make the compensation claim on their behalf.

Dependents in fatal medical negligence claim*s 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

Medical negligence claim*s may take time, but having the right solicitor on your side can make the process easier in what can be very troubling times.

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

What evidence do I need to make a medical negligence claim* in Ireland?

To make a medical claim in Ireland, you may need to gather evidence, such as medical records, doctor reports and ambulance notes.

The smallest piece of evidence could make the biggest difference in making a failure to refer for further testing negligence claim*.

Evidence to make a medical negligence claim*:

  • Hospital medical records
  • Copy of any medical tests, scans, and X-rays

  • HSE incident reports on the possible errors made in your case

  • A medical report from an independent doctor

  • Details of doctor appointments

  • Details of what happened when under the care of a medical professional

  • Financial report on the impact of the medical negligence on your income

  • A personal account of what happened to you

  • An account of what happened to your life by a family member

  • Photographs of any injuries

The more evidence you can gather, the stronger your claim for medical negligence may be. Our team of medical negligence solicitors will tell you what evidence they need and how to get it.

You should write down what happened to you as soon as possible, when your experience is still fresh in your memory.

O’Reilly Doherty & Co Solicitors in Dublin can be with you from day one when making a medical negligence compensation claim.

Can I make a medical negligence claim* against the HSE?

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 when you make it, but that does not mean they are right. Your solicitor will expect the HSE to react and will know how to take the next step in making a claim.

A failure to refer for further testing by an A&E doctor, a hospital consultant or any doctor treating you at an outpatient clinic may be medical negligence. Medical negligence can impact your life and that of your loved ones.

Medical negligence happens all the time in the HSE hospital departments. Staff shortages, overcrowding, and the pressure of long shifts can all lead to mistakes with your treatment when in a hospital.

O’Reilly Doherty & Co Solicitors can help you make a claim against the HSE for compensation due to a failure to refer for further testing when you were ill.

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 make your claim and get you compensation for the suffering.

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

You are one who suffered medical negligence in a case of failure to refer for further testing.

If a medical professional is responsible for your substandard care, you may be eligible for a compensation claim.

O’Reilly Doherty & Co. Solicitors in Dublin will help make your failure to refer for further testing medical negligence compensation claim.

Client Testimonials

Very professional service from start to finish, the communication was great and the whole process was made as stress free as possible. I would highly recommend Ronan and the team.

Paul Spillane, ★★★★★

I have used Ronan and O’Reilly Doherty both professionally and personally, I couldn’t recommend them anymore just brilliant to deal with from start to finish. Thanks Guys.

Gareth Logan, ★★★★★

Fantastic to deal with would highly recommend.

Niall Conway, ★★★★★

Very friendly and extremely helpful. Thank you.

Noleen Burke, ★★★★★

Superb service, cannot recommend them highly enough.

Ian Grimson, ★★★★★

More Medical Negligence Resources

Go to Top