Cancer Medical Negligence

According to the Irish Cancer Society, every three minutes someone in Ireland is diagnosed with cancer, and every hour, someone dies from it. With diseases like cancer on the rise, it’s estimated that half the population will develop some form of cancer during their lifetime.

The most common types of cancer in Ireland include:

• Skin cancer
• Prostate cancer
• Breast cancer
• Bowel cancer
• Lung cancer
• Cervical cancer 
• Ovarian cancer

Significant investments in cancer screening and treatment have improved survival rates. However, timely detection and effective treatment remain critical in improving outcomes. Delays or misdiagnoses can have severe consequences.

What Is Cancer Medical Negligence?

Cancer medical negligence occurs when healthcare providers fail to provide an acceptable standard of care, leading to:

• Missed or delayed diagnosis.
• Incorrect diagnosis.
• Improper treatment planning or execution.
• Failure to monitor progress and adjust treatments as needed.

Examples of cancer negligence include:

• Failure to recognise symptoms and indicators of cancer.
• Delays in scheduling follow-up examinations or specialist referrals.
• Misinterpretation of diagnostic tests such as blood work, imaging, or biopsies.
• Poorly executed treatment plans that worsen patient outcomes.
• Neglecting to warn patients of the risks of cancer therapies.

How Delays Impact Cancer Treatment

Cancer that remains undiagnosed or untreated progresses with each passing day, leading to severe consequences, including:

• Advanced Disease Stages: Delay can mean the difference between curative and palliative treatment.
• More Aggressive Treatments: Advanced-stage cancer often requires intensive interventions like chemotherapy, major surgeries, or radiation.
• Lower Survival Rates: Early detection vastly improves the likelihood of survival, while delays significantly reduce it.

For instance, early-stage bowel cancer can involve minimally invasive removal of polyps. However, untreated cancer may spread to lymph nodes or distant organs, drastically reducing treatment options.

Ireland’s Cancer Screening Programmes

Ireland offers three national cancer screening programmes:

• Breast Screening: Available every two years for women aged 50 to 67.
• Cervical Screening: Smear tests offered for women aged 25 to 60.
• Bowel Screening (BowelScreen): A FIT (Faecal Immunochemical Test) is provided for men and women aged 60 to 69, with colonoscopy referrals for abnormal results.

Screening plays a vital role in detecting early signs of cancer. Negligence in screening, such as misinterpreted results or failure to follow up on abnormal findings, can lead to devastating delays.

Common Types of Cancer Negligence Claims

While negligence can occur with any type of cancer, some of the most frequent claims involve:

• Breast Cancer: Failure to detect lumps or interpret mammograms correctly.
• Bowel Cancer: Missed or delayed colonoscopies.
• Lung Cancer: Misdiagnosis of respiratory symptoms.
• Prostate Cancer: Overlooking elevated PSA levels.
• Cervical Cancer: Misread smear tests.

Compensation for Cancer Negligence

If negligence is proven, compensation may cover:

• General Damages: For pain, suffering, and diminished quality of life.
• Special Damages: These account for things such as:
  • Medical expenses (current and future).
  • Costs of ongoing care or home modifications.
  • Loss of income and future earning capacity.
  • Travel and accommodation for treatment.

The exact compensation depends on factors such as the type of cancer, its progression due to delays, and the financial and emotional impact on the patient and their family.

Steps to Take if You Suspect Negligence

• Contact an Experienced Solicitor: A medical negligence expert will assess the merits of your case.
• Gather Records: Compile medical records, test results, and correspondence related to your care.
• Independent Medical Review: Your solicitor will work with an expert to confirm whether negligence occurred.
• File a Claim: If negligence is established, legal proceedings will begin to secure compensation.

For an easy-to-understand guide, visit our claims process page.

Why Choose Tiernan & Co. Solicitors?

Over 30 Years’ Experience: Successfully handling complex cancer negligence claims.

• Track Record of Success: Significant settlements, including:
  • Substantial damages for delayed cervical cancer diagnosis.
  • Settlements for misdiagnosed prostate and breast cancer cases.
  • Compensation for families affected by fatal diagnostic errors.
• Access to Leading Experts: Collaborating with top medical specialists in Ireland and the UK.
• Compassionate Service: Understanding the emotional toll negligence takes on patients and their families.

Statute of Limitations

Medical negligence claims must typically be filed within two years of the alleged negligence or the “date of knowledge” when you became aware of it. For minors, the two-year period begins on their 18th birthday.

Cancer remains one of the greatest causes of death in the developed world. In recent times however major improvements have been made the result of which means many forms of cancer where the diagnosis is made early enough and is treated correctly can result in a greater life span or complete cure.

Any patient that attends their GP or A&E with symptoms of cancer should be referred for follow-up assessment without delay. If cancer is found then a treatment plan should be formulated and put in place without undue delay.

There are many incidences where negligence can occur in relation to cancer including but not limited to the following:

• Failure to see the signs and symptoms of cancer in the initial stages
• Not acting in an expedient fashion or referring the patient to a specialist if the relevant symptoms are there
• Incorrect diagnosis
• Incorrectly treating the disease
• Misinterpretation of cancer as another illness
• Failure to monitor the patient

The concern for the patient is that where there is negligence and a failure to diagnose cancer at an early stage the result is that the treatments for the disease can be less effective.

Where cancer has not been diagnosed owing to negligence or treated in a negligent fashion then the patient may be entitled to take a claim for medical negligence.

Tiernan & Company Solicitors have successfully pursued many cases involving cancer misdiagnosis and failure to treat cancer correctly. In many of our cases the delay in diagnosis has resulted from a failure to properly carry out and analyze and respond to abnormal blood tests. We have also dealt with cases where there was a failure to perform scans and/or properly interpret the scans.

If you wish to bring a claim for cancer medical negligence then it will be necessary to collate all relevant medical records and send them to an independent expert who will provide an opinion where appropriate that the medical care received was below a reasonable standard resulting in injury or loss. In the event that there is a case then we would pursue a case for medical negligence and seek compensation for:

• General Damages for Pain and Suffering
• Special Damages

Special damages comprise of expenses including but not limited to all costs of care and future treatment and any loss of earnings that you may or will suffer as a result of the cancer.  The cost of any care needs into the future will also be ascertained and these will also be claimed in addition.

The Statute of Limitations for bringing a case for medical negligence is 2 years from the date of the alleged negligence. However under the legislation this Statute may be extended to two years from when you knew or ought to have known that there was negligence.  “Knew or ought to have known there was negligence” is an interesting concept when it comes to medical negligence as often we would argue that it is really not only until we get an expert report that we definitively know that there is negligence. However it could also be argued that the time begins to run from when the client has a suspicion that there is negligence and contacts a solicitor.

Why instruct Tiernan & Company Solicitors in bringing a claim?

• We have successfully pursued many oncology and cancer claims. Many of these cases have settled through mediation and some we have brought successfully to Court.
• We have over 30 years’ experience in medical negligence claims and over the years have formed relationships with the best legal experts throughout Northern Ireland and the UK. This is important as they are always on hand to advise in relation to the issues of negligence allowing the cases to proceed smoothly and in an expedient fashion.
• Your case will always be dealt with by an experienced solicitor specializing in medical negligence.

Recent cases of note:

• Successful settlement of case involving a delay in cervical cancer diagnosis
• Substantial damages in prostate cancer case
• Settlement of case involving delay in diagnosis of breast cancer
• Substantial damages for Plaintiff who suffered delayed diagnosis of cancerous tumour
• Substantial damages for Plaintiff who sued on behalf of her son who died owing to failure to diagnose cancerous tumour

If you wish to contact Tiernan & Company Solicitors please contact Mark Tiernan on 01-6760988.

Take Action Today

If you believe cancer negligence has impacted your life or that of a loved one, don’t delay. Contact Tiernan & Co. Solicitors for expert advice and support. Your health and recovery are our top priority. Let us fight to secure the justice and compensation you deserve.