Being diagnosed with cancer can be an extremely difficult and uncertain time for patients and their families. When cancer is misdiagnosed, diagnosed late or missed altogether, the consequences can be serious. In some circumstances, a failure to diagnose cancer appropriately may amount to medical negligence, potentially giving rise to a claim for compensation.
If you or a loved one has experienced a cancer misdiagnosis in Ireland, it is important to obtain independent legal advice about your circumstances.
What is cancer misdiagnosis?
Cancer misdiagnosis occurs when a healthcare professional fails to correctly identify cancer when it is present, or incorrectly diagnoses a different condition. A cancer diagnosis may sometimes be missed because symptoms are mistaken for another illness, test results are incorrectly interpreted, or appropriate investigations are not carried out.
A related issue is delayed cancer diagnosis. This can occur where there is an unreasonable delay in referring a patient for further investigation, carrying out appropriate tests or identifying cancer from available clinical information.
Not every incorrect or delayed diagnosis is necessarily medical negligence. Healthcare professionals can make diagnostic errors even when reasonable care has been provided. A legal claim generally requires an assessment of whether the standard of care was appropriate in the circumstances and whether the alleged negligence caused or materially contributed to harm.
Can I make a cancer misdiagnosis claim in Ireland?
A cancer misdiagnosis claim in Ireland may be possible where there is evidence that a healthcare professional or healthcare provider failed to provide an appropriate standard of care and that this failure caused additional injury or loss.
For example, a claim may potentially arise where a cancer diagnosis was delayed and the delay resulted in the cancer progressing, required more extensive treatment or adversely affected the patient’s prognosis.
Medical negligence claims can be complex because it may be necessary to obtain independent medical evidence to establish whether the treatment or diagnosis fell below the appropriate standard and what difference, if any, the alleged negligence made to the patient’s outcome.
What compensation can be claimed?
Where a medical negligence claim is successful, compensation may potentially be available for losses arising from the negligence. Depending on the circumstances, this could include compensation for pain and suffering, additional medical treatment, loss of earnings and certain other financial expenses or losses.
The value of a cancer misdiagnosis compensation claim will depend on the individual circumstances, including the nature and extent of the injury, the impact on the patient’s life and any financial consequences.
How long do I have to make a medical negligence claim?
There are time limits for personal injury and medical negligence claims in Ireland. The applicable limitation period can depend on factors such as the nature of the claim and when the injury or relevant circumstances became known.
Because limitation periods can be complicated, it is advisable to speak to an experienced medical negligence solicitor in Ireland as soon as possible rather than delaying legal advice.
Speak to a cancer misdiagnosis solicitor in Ireland
If you believe that a cancer diagnosis was missed or delayed due to medical negligence, a solicitor can review the circumstances and explain whether you may have grounds for a claim.
At Kerrigan Solicitors, we understand that medical negligence cases can be sensitive and complex. We can explain the medical negligence claims process in Ireland, discuss the evidence that may be required and advise you on your legal options.
Every case is different. The best way to understand your position is to obtain independent legal advice based on the specific circumstances of your case.
Contact us now for further advice at 091 820630, by email at m.kerrigan@kerrigansolicitors.ie or visit our website at kerrigansolicitors.ie.
We meet with clients throughout Ireland, including in counties such as Mayo, Roscommon, Westmeath, Galway, Clare and Limerick.