CURRENT LEGAL ARTICLES

Dylan Green | Green & Associates Solicitors Cork | Updated 4th April 2025

Across Ireland, hundreds of children are left waiting in pain for spinal surgeries they urgently need — and for many families, the wait feels endless. No child should have to endure prolonged suffering for life-changing treatment, yet scoliosis surgery delays have become a recurring and deeply troubling issue within the Irish healthcare system.

Scoliosis is a progressive spinal condition that causes an abnormal curvature of the spine, often diagnosed during childhood or adolescence. In moderate to severe cases, surgical intervention is essential to prevent worsening curvature, chronic pain, and lasting physical or psychological harm. When that surgery is delayed — sometimes by months or even years — the effects can be devastating.

But beyond the personal hardship, these delays also raise serious legal questions. Could the Health Service Executive (HSE) or treating hospital be held accountable for prolonged wait times? What rights do patients and their families have when preventable harm results from inaction?

In this blog, we examine the current crisis surrounding scoliosis surgery delays in Ireland, the legal duties owed by healthcare providers, and the rights of patients under Irish and international law. If your child’s condition has worsened due to delayed care, it is important to understand the legal implications — and the options available to pursue justice.

For many Irish families, a scoliosis diagnosis marks the beginning of an anxious and time-sensitive journey. As spinal curvature progresses, early surgical intervention becomes increasingly urgent — yet across Ireland, children are frequently left waiting far beyond medically acceptable timelines.

In 2017, the Ombudsman for Children’s Office published a report titled Waiting for Scoliosis Treatment, revealing serious shortcomings in how the health system responds to scoliosis cases. The report documented how children were:

• Left in chronic and often debilitating pain
• Suffering psychological distress as their conditions worsened
• Missing significant time from school and normal childhood development
• Facing more complex surgeries due to delayed treatment

The report concluded that these delays could represent a breach of children’s rights under the Irish Constitution, as well as Article 24 of the UN Convention on the Rights of the Child, which guarantees access to timely and appropriate healthcare.

Despite public and political attention following the 2017 report, scoliosis treatment delays remain widespread. A 2024 story published by The Irish Sun highlighted the case of Harvey Sheratt, an eight-year-old boy who waited over three years for spinal surgery. During that time, his condition significantly deteriorated, requiring more complex medical intervention than would have been necessary had he received treatment earlier. His family described the experience as deeply traumatic, citing inadequate communication and delays by the Health Service Executive (HSE).

Sadly, Harvey’s case is not isolated. Across the country, families continue to report surgery wait times of 18 months or longer. Reasons cited include shortages in consultant surgeons, lack of theatre space, and insufficient bed capacity — all of which reflect systemic resource issues within the public health service.

Public pressure has spurred political action. In 2024, a group of Senators introduced the Health (Scoliosis Treatment Services) Bill, which proposes placing a statutory obligation on the HSE to ensure timely scoliosis treatment for children. According to The Irish Sun, the bill aims to:

• Mandate timely access to paediatric spinal surgery
• Increase accountability for systemic delays
• Create a legal duty that can be relied upon by affected families in claims

If enacted, this legislation would mark a major shift in how the Irish healthcare system is held responsible for avoidable treatment delays.

The consequences of these delays extend far beyond inconvenience. Many children who could have benefited from early, less invasive treatment now face:

• More complex surgeries with greater risk
• Extended recovery periods
• Long-term physical and emotional consequences
• Interrupted education and social isolation

In some instances, delayed intervention may lead to permanent disability or chronic pain — outcomes that could have been avoided with appropriate care. These cases raise serious legal questions. Where preventable harm occurs due to unreasonable delay, families may be entitled to explore their legal options.

In Ireland, all medical professionals and healthcare bodies — including hospitals, consultants, and the Health Service Executive (HSE) — owe a duty of care to their patients. This duty requires them to act with reasonable skill and care, and to provide timely treatment where necessary to avoid foreseeable harm.

When scoliosis surgery is unreasonably delayed and a child suffers a worsened condition as a result, the issue may give rise to a medical negligence claim. Whether a legal duty was breached depends on the specific facts of each case, but the legal framework is well-established.

To bring a successful medical negligence claim in Ireland, the claimant must show that:

• A duty of care existed between the healthcare provider and the patient
• That duty was breached by action or inaction (such as a prolonged and unjustified delay)
• The patient suffered harm or injury
• The harm was a foreseeable consequence of the delay

In the context of scoliosis treatment, legal concerns may arise where a delay results in:

• Worsening spinal curvature that could have been prevented
• The need for more invasive or complex surgery
• Chronic pain or permanent disability
• Emotional or psychological distress that was avoidable

Not every surgical delay is negligent. Clinical complexities, emergencies, or resource constraints may sometimes justify short-term delays. However, legal concerns emerge when delays:

• Exceed accepted medical timelines without proper justification
• Are not clearly communicated to families
• Result in significant, preventable harm
• Reflect ongoing systemic issues that the provider failed to address

Where failures are widespread — such as chronic under-resourcing by the HSE or a pattern of delayed interventions — legal liability may extend beyond individual practitioners to the State or public health system itself.

For families considering their legal options, careful documentation can be vital. Useful records may include:

• Referral dates and appointment schedules
• Communications with consultants or hospital administrators
• Medical assessments showing progression of the condition
• Notes on the emotional or educational impact on the child

This information can help legal professionals assess the timeline of care, the reasonableness of any delays, and the extent of the resulting harm.

Scoliosis is a progressive condition, and in many cases, delays in surgical treatment can lead to worsening curvature, increased pain, and more invasive procedures. If such harm could have been avoided through timely care, the delay may give rise to a medical negligence claim, and the patient could be entitled to compensation.

Compensation in these cases aims to address the full extent of the damage caused — not only physical but also emotional and developmental. Common consequences of delayed scoliosis surgery include:

• Worsening of the spinal condition, requiring more complex surgery
• Chronic pain or reduced mobility, sometimes resulting in permanent impairment
• Psychological distress, including anxiety, trauma, or reduced confidence
• Interrupted education and social development, due to prolonged absence or physical limitations
• Ongoing care needs, such as physiotherapy, assistive equipment, or specialised schooling

When assessing medical negligence claims, Irish courts typically examine:

• The nature and severity of the harm
• Whether the delay directly contributed to the outcome
• The impact on the child’s quality of life
• The future needs of the child, including treatment and support
• Medical evidence regarding the standard of care provided

Both economic losses (such as medical expenses) and non-economic harm (like pain and emotional suffering) are considered in determining compensation.

For many families, pursuing a legal claim is not just about financial redress. It can be a way to hold healthcare providers — including the HSE — accountable for failures in care. Preventing similar harm to other children often becomes a driving motivation.

When treatment is delayed without justification and causes significant, preventable harm, the law offers a path to justice.

Children in Ireland are protected by both constitutional and international legal frameworks that guarantee their right to access appropriate healthcare. When essential treatment — such as scoliosis surgery — is unreasonably delayed and causes harm, these rights may be infringed.

Under the Irish Constitution, the State has a duty to protect the health and welfare of children. While this does not guarantee instant access to all services, prolonged and harmful delays in critical care may amount to a failure in that duty — especially where the consequences were avoidable.

Internationally, Ireland is bound by the United Nations Convention on the Rights of the Child (UNCRC). Article 24 affirms every child’s right to “the enjoyment of the highest attainable standard of health” and places a responsibility on governments to ensure that healthcare services are accessible, effective, and adequate. Ongoing delays in scoliosis surgery may place the State in breach of these international obligations, particularly where systemic issues persist.

Several independent bodies and advocacy groups are actively engaged in safeguarding these rights.

• The Ombudsman for Children’s Office (OCO) investigates complaints related to public services and has been particularly critical of scoliosis surgery delays. Its 2017 report, Waiting for Scoliosis Treatment, highlighted how avoidable suffering and service failures undermined children’s rights within the healthcare system.
• The Scoliosis Advocacy Network continues to press for reform, increased transparency, and legally enforceable standards for timely treatment.

Families affected by delays can bring their concerns to these bodies, or seek legal advice to determine whether their child’s constitutional or statutory rights have been breached.

When the HSE or other healthcare providers fail to meet their obligations, several legal avenues may be available:

• Medical negligence claims, where treatment delays result in harm
• Constitutional or judicial review proceedings, particularly in cases involving systemic denial of care
• Formal complaints to oversight bodies, which may trigger investigations or policy responses

Enforcing patient rights is not only about seeking redress — it is about demanding accountability and ensuring that other children are not subjected to similar failures.

When a child’s scoliosis surgery is unreasonably delayed and preventable harm results, families in Ireland may have grounds to pursue legal action. Depending on the circumstances, both civil claims and formal complaints may be appropriate.

Every case is unique. Seeking early legal advice is essential to understand your options and assess whether harm caused by the delay may give rise to a claim.

There are several avenues available to families affected by delayed scoliosis care:

• Medical Negligence Claims
  Where a healthcare provider or the HSE has breached their duty of care and caused injury through unreasonable delay, a medical negligence claim may be pursued. These claims seek compensation for physical injury, emotional distress, and related financial losses.

• Constitutional or Judicial Review Proceedings
  In cases involving systemic failings or denial of essential care, families may explore constitutional challenges or judicial review. These legal routes focus more on accountability than compensation and can influence how public bodies operate.

• Complaints to Oversight Bodies
  Affected families can also file complaints with the Ombudsman for Children’s Office (OCO) or the Health Information and Quality Authority (HIQA). While these bodies do not offer compensation, their investigations can raise public awareness, influence policy, and support broader reform efforts.

• Engagement with Advocacy Groups
  Organisations like the Scoliosis Advocacy Network provide guidance, support, and a platform for families to share experiences. Involvement in advocacy can also contribute to long-term improvements in healthcare policy.

In Ireland, most medical negligence claims must be brought within two years from the date the injury becomes known. For children, this limitation period usually begins on their 18th birthday, giving them until the age of 20 to initiate proceedings.

However, it is advisable to seek legal advice as soon as possible. Delays can make it more difficult to gather evidence, obtain medical records, or reconstruct the timeline of events accurately. Acting early ensures the best chance of building a strong and timely claim.

Delays in scoliosis surgery represent more than isolated failings — they highlight deeper, systemic issues within Ireland’s healthcare system. For many families, prolonged waiting times have revealed serious gaps in planning, resources, and accountability within the Health Service Executive (HSE).

Over recent years, sustained advocacy has brought national attention to these problems. Media reports, public testimony, and investigations by the Ombudsman for Children’s Office have exposed how inconsistent access to timely care is affecting vulnerable children. These delays have not only caused individual harm but also raised questions about the health system’s overall ability to meet its obligations.

In 2024, political momentum led to the introduction of the Health (Scoliosis Treatment Services) Bill, which aims to create a statutory duty requiring the HSE to provide timely scoliosis care for children. This shift from policy promises to legally enforceable standards reflects growing recognition that voluntary measures have not gone far enough.

If enacted, the legislation would:

• Place a legal obligation on the HSE to deliver treatment within defined timelines
• Support more effective service planning and resource allocation
• Give families a stronger legal foundation to challenge failures in care

The bill represents a critical opportunity to embed accountability into the healthcare system.

While legislation is vital, individual legal claims also play an important role in driving reform. When families pursue action through the courts, it brings systemic failings into focus and adds pressure for change.

Legal accountability can help:

• Expose widespread gaps or patterns of negligence
• Set precedents around duty of care and service standards
• Encourage healthcare providers to implement more robust procedures

In this way, legal action can go beyond individual justice — it becomes part of the broader solution.

Families affected by scoliosis delays have helped reshape the national conversation. Their persistence has spurred investigations, prompted political response, and empowered others to speak out.

Whether through legal claims, public awareness campaigns, or engagement with groups like the Scoliosis Advocacy Network, these families are driving lasting change — ensuring that no child has to suffer in silence due to systemic delays.

Delays in scoliosis surgery can cause lasting harm — from physical deterioration and prolonged pain to emotional distress, developmental setbacks, and more invasive treatment. For families affected, these delays are not just clinical failures — they represent a loss of trust in a healthcare system meant to safeguard their children.

In Ireland, children are entitled to timely, appropriate care under both domestic and international law. When that care is unreasonably delayed, and the consequences are preventable, families may have grounds to challenge those failings through the legal system. Pursuing accountability is not just about compensation — it’s about recognising the harm done, protecting children’s rights, and pushing for meaningful change.

No parent should be left feeling powerless while their child suffers avoidable harm. By taking informed steps — whether through legal channels, advocacy, or both — families can ensure their concerns are heard and help prevent others from facing the same challenges.

If your child has been affected by a delay in scoliosis treatment, our team at Green & Associates Solicitors can help you explore your legal options with confidence and discretion.

As an ISO 9001-accredited law firm, we are committed to delivering services of the highest professional standard. We can assist you by:

• Reviewing your child’s medical and treatment timeline
• Assessing whether the delay may amount to medical negligence
• Explaining your legal rights, potential remedies, and time limits
• Guiding you through each step with clarity, empathy, and professionalism

Taking the first step doesn’t have to be overwhelming. We’re here to support you in protecting your child’s rights — and ensuring their voice is heard.

The information provided in this blog is intended for general informational purposes only and does not constitute legal, medical, or professional advice. While Green & Associates Solicitors strives to ensure the accuracy and relevance of all content at the time of publication, both the legal and healthcare landscapes continue to evolve. This blog may not reflect the most recent developments in medical negligence law, healthcare entitlements, or litigation procedures in Ireland or the UK.

This article explores legal and ethical considerations surrounding delays in scoliosis surgery, including references to constitutional protections, the UN Convention on the Rights of the Child, and statutory duties of care. However, every situation is fact-specific. The insights shared here should not be interpreted as legal advice or relied upon as a substitute for personalised consultation with a qualified solicitor.

If your child has been affected by delayed medical treatment or you are concerned about potential medical negligence, we strongly recommend seeking professional legal advice to fully understand your rights, options, and the appropriate steps forward.

Reading this blog does not establish a solicitor-client relationship with Green & Associates Solicitors. Legal outcomes depend on a wide range of individual factors, including medical evidence, timing, and jurisdiction. Relying solely on generalised content may lead to misunderstanding or misapplication of your entitlements.

Green & Associates Solicitors accepts no liability for any loss, damage, or legal action taken in reliance on the contents of this article. For tailored advice and legal support, please contact our office to arrange a confidential consultation with an experienced member of our team.