Oncology and Cancer Claims


    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) 6622822

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      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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      Tiernan & Co. Solicitors
      144 Lower Baggot Street, Dublin 2
      Telephone: 01-6622822
      Fax: 353 (01) 63 13 783
      Email: info@tiernansolicitors.ie

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