In Ireland, general practitioner negligence (GP Negligence) arises when a general practitioner falls below the standard of care expected of a reasonably competent GP, and that failure causes harm to the patient.
The test applied by Irish courts is the Dunne standard, established in Dunne v National Maternity Hospital [1989] IR 91, which asks whether no practitioner of ordinary care and competence would have made the same error in the same circumstances.
A claimant generally has two years from the date of knowledge to issue proceedings. Coleman Legal LLP acts for clients affected by GP negligence across Ireland.
What is general practitioner negligence?
A specialist would have been able to identify those symptoms and provide appropriate treatment.
It must also be established that because your GP did not refer you to a specialist, you suffered an avoidable and quantifiable deterioration in your condition.
General Practitioner negligence claims fall outside the jurisdiction of the Injuries Resolution Board. You will need to instruct a solicitor to act on your behalf.
Your solicitor will request access to your relevant medical records and present them to an independent medical expert.
The expert will assess whether your GP was clinically justified in declining to refer you to a specialist, and whether a specialist would have identified and treated the condition your GP did not.
Common types of GP Negligence in Ireland
General Practitioner negligence can arise in a range of clinical situations.
The following are among the most common types of General Practitioner negligence claims brought before the Irish courts.
- Misdiagnosis or delayed diagnosis: failure to identify a serious condition from the symptoms presented, leading to delayed treatment and deterioration.
- Failure to refer to a specialist: where a GP’s clinical assessment should have led to an urgent or timely specialist referral, and the failure to do so caused harm.
- Failure to act on test results: where abnormal or concerning test results were either not communicated to the patient or not followed up appropriately.
- Prescription errors: prescribing the wrong medication, the wrong dose, or failing to identify a contraindication with existing medication.
- Failure to maintain adequate records: inadequate clinical record-keeping that affects continuity of care, particularly in out-of-hours or emergency settings.
A 2025 High Court case illustrates the potential consequences of General Practitioner Negligence
In Mocanu v HSE [2025], a seven-year-old girl’s appendicitis was misdiagnosed as a urinary tract infection by a medical practitioner.
She was discharged home. Her appendix subsequently ruptured, requiring emergency surgery. The case settled for 64,000 Euros.
The outcome underlines how significant a diagnostic error in a general practice context can be, and why prompt legal advice is important when such errors occur.
The claim process for General Practitioner negligence
- Assessment by a medical expert: A medical expert evaluates how your health has suffered due to your GP’s actions. Suppose a significant deterioration or permanent condition of the General Practitioner Negligence causes a substantial decline or permanent condition caused by the General Practitioner Negligence. In that case, the medical expert will recommend pursuing a claim.
- Letter of Claim: Your solicitor sends a Letter of Claim to your GP, informing them of the negligence claim and requesting a response. If a serious health issue is evident and negligence is not in doubt, the GP will be asked to make an offer of settlement.
- Involvement of medical insurers: The GP typically forwards the claim to their insurers, who investigate the case. During this process, liability for negligence by GP will need to be re-established.
- Acceptance of liability: If the medical insurance company accepts that General Practitioner Negligence occurred, your solicitor will calculate the compensation amount based on the extent and severity of the injury. Your age, sex, and general health before the negligence. The general practitioner’s negligence affected the condition. Negligence by the GP will need to be re-established.
- Calculation of Compensation: Compensation is based on various factors, including the deterioration in your quality of life or reduction in life expectancy. Financial costs incurred due to the GPs breach of duty. Each case is unique, even if the reasons for the claims are similar.
- Establishing Negligence: The GP must be proven negligent before the compensation amount can be determined. Due to the complexity of general practitioner negligence claims, it is crucial to consult an experienced medical negligence solicitor as soon as possible.
Time limit
The legal time limit to make a general practitioner negligence claim is two years from the date of injury or date of knowledge that the injury or illness resulted from general practitioner negligence.
For children/minors, the time limit expires two years after their 18th birthday.
You can contact a solicitor to talk about your case and inform you about the statute of limitations applicable to your case.
Frequently Asked Questions
What is the legal standard for General Practitioner Negligence in Ireland?
In Ireland, the standard applied to GP negligence claims is the Dunne standard, established by the Supreme Court in Dunne v National Maternity Hospital [1989] IR 91.
The test asks whether no general practitioner of ordinary care and competence, having the same speciality as the defendant, would have taken the approach complained of.
This standard differs from the Bolam test used in England and Wales and is applied by Irish courts to all GP and clinical negligence claims.
A doctor is not negligent simply because another practitioner would have taken a different approach, but becomes negligent when no reasonably competent practitioner would have done what was done.
What must I prove in a General Practitioner Negligence claim in Ireland?
In Ireland, to succeed in a GP negligence claim, you must establish three elements on the balance of probabilities. First, that the GP owed you a duty of care as your treating practitioner.
Second, that the GP breached that duty by falling below the Dunne standard. Third, that the breach caused or materially contributed to the harm you suffered. All three elements are required.
Expert medical evidence from a practitioner of equivalent speciality is necessary to establish the breach and the causal link between that breach and your injury.
How long do I have to bring a GP negligence claim in Ireland?
In Ireland, the limitation period for a GP negligence claim is two years from the date of knowledge: the date on which the claimant first knew or ought reasonably to have known that the GP’s act or omission caused their injury.
In delayed diagnosis cases, this may run from the date on which the correct diagnosis was eventually made, rather than from the date of the original GP appointment.
For children, the period does not begin to run until the child reaches 18 years of age, at which point they have two years to bring a claim. Legal advice should be sought promptly, regardless of how recently the incident occurred.
Does my GP negligence claim have to go through PIAB in Ireland?
In Ireland, GP negligence claims are exempt from the Personal Injuries Assessment Board process. Under Section 3(3) of the Personal Injuries Assessment Board Act 2003, claims arising from the provision of a health service or the carrying out of a medical procedure fall outside PIAB’s jurisdiction.
This means a claimant does not need PIAB authorisation before issuing civil proceedings.
The claim proceeds directly to the Circuit Court or High Court. The appropriate court depends on the nature and value of the claim, and a solicitor can advise on which is the correct jurisdiction.
Can I bring a GP negligence claim if my condition was already serious before the GP’s error?
In Ireland, it is possible to bring a GP negligence claim even where a claimant had a pre-existing condition, provided it can be shown that the GP’s error caused the condition to deteriorate further or delayed treatment that would have improved the outcome.
The question is whether the breach caused or materially contributed to the harm suffered. Irish courts apply the ‘material contribution’ test in causation disputes, which means that if the GP’s error materially worsened the patient’s position, even against a background of existing illness, a claim may succeed. Expert medical evidence is essential to establish this.
