Can a later diagnosis show that an earlier one was negligent? In one Irish medical negligence case in 2026, the High Court dismissed a claim after examining what an out-of-hours GP could reasonably have recognised when she saw the patient. In another, the HSE accepted that measurements should have been taken earlier, but the effect of that omission remained disputed. For a patient trying to understand their own experience, the difference is important. What went wrong in the care, and what harm followed from it, are separate questions.
Afolabi v SouthDoc: what did the GP know at the first visit?
An eleven-year-old attended an out-of-hours GP with abdominal symptoms. The GP diagnosed likely gastroenteritis. The child subsequently needed surgery for a perforated appendix. The claim alleged that the GP should have referred her to hospital on the evening of the consultation.
The GP experts agreed that the initial diagnosis was reasonable. They disagreed about what the doctor should have done next. The GP’s examination notes recorded how the child presented. A referral letter written that evening specifically raised the possibility of appendicitis. The court also accepted that the GP had explained when the family should seek further help if the child’s condition deteriorated.
On that evidence, Ms Justice Reynolds held that the GP’s management met the standard of reasonable care and dismissed the claim. The fact that the child later needed an operation could not, by itself, settle what the GP should have done at the earlier visit. Read the High Court judgment in Afolabi v SouthDoc Services Limited and Anor [2026] IEHC 110, particularly paragraphs 69–80 (PDF).
C v HSE: what difference would earlier diagnosis have made?
A child’s family alleged that a delay in identifying and treating hydrocephalus contributed to her brain injury. The HSE accepted that the child’s head circumference should have been measured at each hospital visit and that a measurement on one of those dates would probably have identified the condition. It disputed whether the delay caused or contributed to the injuries claimed.
A genetics expert identified another possible explanation for aspects of the child’s condition. The HSE sought an examination and genetic testing of the child and her parents. The High Court considered the expert evidence, the family’s privacy concerns and the safeguards proposed for consent, sampling and the handling of results. In April 2026 Mr Justice Simons ordered a pause in the proceedings pending the examination and testing. His decision concerned the evidence needed for a trial. The question of what caused the injury remained open in that judgment. Read C (A Minor) v Health Service Executive [2026] IEHC 234, particularly paragraphs 17–18 and 64–66 (PDF).
What if a case settles?
When a case settles, the parties agree terms to resolve the claim. In an anonymised case handled by Lalloo Solicitors, a client reported neck tightness and scarring after cosmetic surgery and two revision procedures. An independent plastic surgeon examined the client, reviewed the records and photographs, and distinguished the neck treatment from an eyelid procedure the expert considered appropriate. The claim settled for €120,000 without an admission of liability. The figure relates to that client’s circumstances. Read the firm’s case study on the facelift and neck liposuction claim.
Which records will help explain your own experience?
If your concern is delayed diagnosis, start with the visit at which you believe a different decision should have been made. Record the date, the symptoms you described, who you saw, what you remember being told and when you sought help again. Keep the original referral or discharge letter if you have it. Something as short as the referral letter in Afolabi can help establish what a clinician was considering at the time.
If the concern is that a delay made your condition worse, identify what changed between the appointments. A scan report, a new treatment plan or a record of an additional operation can give an independent specialist a basis for assessing what earlier treatment would probably have changed. Mark dates you are unsure about rather than trying to fill the gaps from memory.
You can request records from the hospital or practice that holds them. For HSE treatment, see the HSE’s guidance on requesting your health records. If you are considering a claim, time limits can apply. You can seek advice while gathering the records. Read Lalloo Solicitors’ guide to medical negligence claims in Ireland.
