Breast Cancer Medical Negligence


    The most common symptoms of breast cancer are breast lumps. The “triple test” of investigation should be used to diagnose it.

    • examination of the patient
    • examination of the patient Mammogram
    • Biopsy – a pathologist will analyse the cells under a microscope to determine if the malignancy is present.

    If the results of examination shows malignancy, the woman must have surgery within 14 days of being diagnosed.

    In most cases, early detection results in a good likelihood of recovery. There are other treatment options, such as surgery, radiation, chemotherapy, and hormonal therapy. Proving that the delay altered the outcome is necessary to be successful in a medical negligence case. In many cases, proving that the malignancy advanced during the delay is required. Therefore, it is unlikely that delays of a couple of months will be enough to constitute a claim for medical negligence. While cancer must be removed to prevent the disease from spreading, allowing cancer to develop increases the risk of the disease spreading to other areas of the body. Failing to diagnose breast cancer can have life-threatening consequences.

    Breast Cancer Misdiagnosis

    Claims for misdiagnosed breast cancer may be pursued if:

    • An adequate examination was not performed
    • Failure to advise the patient to return to the doctor if a suspicious lump changes or increases
    • Pathologist mistakes in tissue sample review
    • Irregularities made by radiologists when analysing the mammogram
    • Unnecessary surgery as a result of breast cancer misdiagnosis (This may result in anxiety, lymphoedema and cosmetic deformity)

    The Irish Cancer Society reports that breast cancer is the second most frequent cancer among women in Ireland.

    In Ireland, it is estimated that nine out of every ten women will get breast cancer at some point in their lifetime. Early detection is critical because of the increased number of survivors each year.

    Funding has been allocated to the search for new medicines, and consequently, breast cancer survival rates are improving. Women aged 50 to 67 who have received invitations for mammograms are recommended to have mammograms every second year.

    What is cancer medical malpractice?

    Referral for follow-up assessment should be made for any patient who presents with cancer symptoms to their GP or A&E. If cancer is found, treatment must be implemented immediately.

    Some cancer-related situations may be considered medically negligent:

    • Detection of cancer signs and symptoms
    • The failure to seek medical attention if a cancer diagnosis is suspected
    • Failure to receive treatment within a reasonable timeframe.
    • Not starting treatment within a specified timeframe
    • Undiagnosed or misdiagnosed cancers
    • Improper treatment plan implementation
    • Failure to monitor the progress of cancer and make necessary adjustments to the treatment regime.
    • Mistakes during surgery Failure to explain cancer treatment’s risks 

    If you want to bring a claim, Tiernan Medical Negligence Solicitors can help

    • As a result of cancer medical malpractice, Tiernan Solicitors has successfully managed a large number of injury and disease cases.
    • Every case we take on is handled with respect and empathy, and only if we believe a claim is justified are we able to help.
    • We have the legal understanding and relevant experience to deal with the challenges faced by those affected by tragedies such as these.
    • In addition, our medical negligence solicitors will compile all of the necessary information for your case including medical records and manage the submission of the legal case on your behalf.
    • By delegating your claim to us, you can instead put your energy into things that are more critical, like getting better and caring for your loved ones.

    Contact Us



      What to do next?

      Contact us on 01-6622822 for our expert opinion on the strength of your case. You can contact us in any of the following ways:

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      Telephone: 01-6622822
      Fax: 353 (01) 63 13 783

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