Bringing a Claim Against an Unlicensed Doctor

In a report published last year, the Irish Medical Council investigated 32 individuals in 2023 for allegedly practising medicine without proper registration. Practising without a licence poses serious risks to patients, as there is no professional oversight – no verified qualifications, no indemnity cover, and no fitness-to-practise safeguards. However, if you have been treated by an unlicensed doctor and suffered an injury as a result, this does not prevent you from taking legal action for any negligence that may have occurred. Here we answer some of the key FAQs around this topic.

What is the likelihood of being treated by an unlicensed doctor?

The fact that only 32 individuals were investigated in 2023 for allegedly practising without proper registration highlights how rare such incidents are. With 22,840 clinically active doctors in Ireland in 2023, these incidents represented just 0.14% of the medical workforce. This low figure, coupled with the active involvement of both the Irish Medical Council and An Garda Síochána in identifying and pursuing these cases, demonstrates the seriousness with which unlicensed medical practice is treated. However, those in any doubt about the credentials of their healthcare provider can find the information free of charge.

How can I check if a doctor is licensed to practice?

To verify whether a doctor is licensed to practise, the most reliable method is to consult the Irish Medical Council’s online register. This publicly accessible tool allows anyone to search for a doctor by name or registration number. The register provides essential details such as the doctor’s current registration status, their area of practice, and any conditions or restrictions attached to their licence. If a doctor’s name does not appear, or their status shows as inactive or unregistered, it is a strong indication that they are not authorised to practise medicine in Ireland.

Am I likely to be treated by an unlicensed doctor in a public hospital?

It is highly unlikely for an unlicensed individual to work openly in a public hospital in Ireland. Public hospitals have stringent recruitment and verification processes that include thorough checking of qualifications, registration status with the Medical Council, and licensing. Cases involving unlicensed practice usually occur privately, outside the mainstream healthcare system – such as private clinics, home visits, or online consultations – where oversight might be less rigorous or easier to evade. It’s in these scenarios where patients need to take extra care in checking their provider’s credentials.

Is it possible to bring a medical negligence claim against an unlicensed doctor?

Yes, it is absolutely possible to bring a medical negligence claim against an unlicensed doctor. In fact, unlicensed practice significantly strengthens the grounds for a claim, as it indicates clear negligence and possibly fraudulent misrepresentation.

Why am I more likely to win a claim against an unlicensed doctor?

If you have sustained an injury or an existing health condition has deteriorated following treatment by an unlicensed doctor, you are likely to have a strong chance of winning a claim for the following reasons:

• Clear Case of Negligence – An unlicensed individual has automatically breached the duty of care by providing medical treatment without the proper qualifications or license.
• Breach of Statutory Duty – Practising medicine without a license is illegal, thus constituting a clear violation of statutory obligations.
• Misrepresentation/Fraud – The act of presenting oneself as a medical professional when unlicensed may lead to additional claims of fraudulent misrepresentation.

What are the first steps to take in bringing a claim?

If you believe you have been harmed by an unlicensed doctor, the first step is to seek legal advice from an experienced medical negligence solicitor. Early legal input is important, as these cases often involve both civil and regulatory dimensions. Your solicitor will begin by reviewing the facts of your case, including what treatment was provided, who delivered it, and what harm resulted.

Following this, it is necessary to gather evidence, such as medical records, correspondence, prescriptions, and any communications with the practitioner. It will also be necessary to check the individual’s registration status with the Irish Medical Council to confirm that they were not authorised to practise at the time of treatment.

Once there is enough evidence to support the claim, your solicitor may commission an independent medical expert report. This report assesses whether the care you received fell below an acceptable standard and whether that failure caused your injury. If a case can be made, your solicitor can initiate a formal compensation claim, which may include damages for pain and suffering, medical expenses, and other losses.

Require assistance bringing a claim?

If you have received treatment from a doctor who you believe lacks the correct license to practise, you may have many other questions regarding your legal rights and the next step to take to bring a claim against them. Arrange a time to speak with a solicitor in the medical negligence team here at McCarthy + Co Solicitors LLP by completing our quick and confidential online form.