Medical Negligence*

Cancer Misdiagnosis Claims*

In most cases, cancer misdiagnosis doesn’t cross the minds of those who have undergone medical tests. This is due to the patient having an inherent trust that their doctor will correctly diagnose their medical issue. Having said this, there are cases where a doctor may deliver a misdiagnosis of cancer, for example, incorrect diagnosis or a delay in diagnosis of cancer.

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A Failure to Diagnose

The worry for the patient is that the failure to diagnose cancer at an early stage or at all, means that the effectiveness of the treatments can be less advantageous for the patient, which could result in:

  • Pain suffering and injuries that could have been avoided
  • Prolonging of the illness, that could have been avoided, and
  • Reduced chances of recovery

When cancer misdiagnosis has taken place, or the diagnosis has been delayed, the patient may be entitled to pursue a claim for medical negligence or malpractice*.

Causes

Misdiagnosis of cancer can occur for a number of reasons, for example:

  • False positive or false negative results from a faulty cancer screening
  • MRI or CT scans fail to identify cancerous lesions if the lesions are too small to detect.
  • Lab errors
  • Human error/incompetence of a medical practitioner who fails to recognise the signs of cancer or misinterpret cancer as another illness.

Types

Cancer medical negligence claims have been associated with many types of cancer, such as:

  • Bladder
  • Breast
  • Colon and Rectal
  • Endometrial
  • Kidney
  • Leukaemia
  • Liver
  • Lung
  • Lymphoma
  • Pancreatic
  • Skin
  • Stomach
  • Thyroid
  • Uterine

Misdiagnosis Categories

Medical negligence claims* for misdiagnosis of cancer compensation can be grouped into the following categories:

Incorrect Cancer Diagnosis (Misdiagnosis of Cancer)

False diagnosis of cancer (liver cancer misdiagnosis) occurs when the doctor gives a cancer diagnosis to a patient without cancer. In this case, a non cancer patient will undergo unnecessary cancer treatment.

Another instance of cancer misdiagnosis is when a doctor misdiagnoses cancer for another illness and the cancer patient does not undergo the relevant treatment or misses their window of opportunity for cancer treatment.

Failure to Diagnose Cancer

In this case, a medical practitioner completely fails to notice the signs of cancer and completely fails to diagnose the patient’s cancer. This can lead to fatalities as the patient may not be diagnosed until the symptoms reach their peak when it may be too late to treat cancer.

Delayed Diagnosis of Cancer

Delayed cancer diagnosis claims of cancer occur when medical professionals fail to detect the patient’s cancer at the early stages. When a diagnosis of cancer is delayed, so is the treatment. This can lead to complications in the future or in aggressive cancer patients can lead to their untimely death. It is possible to claim for compensation for delayed cancer diagnosis.

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Our helpful team

Need Help? Just Ask.

For more information and a confidential discussion on your medical negligence claim*, call Paul Tracey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell him about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and he can call you back.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence* solicitor to help you with this.

  1. Speak with a solicitor

    If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor* following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.

  2. Obtain medical records

    In order to make a claim*, it must be established and proven that the injury sustained was caused by the medical negligence* of the doctor or medical staff tasked with your medical care. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence* was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.

  3. Letter of Claim

    If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.

At Tracey Solicitors, our dedicated medical negligence solicitors* have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims* in Ireland over the past 30 years.

For more information and a confidential discussion on your medical injury claim, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.

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Case Settlement

If you are to proceed with a medical negligence claim* you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a medical negligence injury*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the medical negligence injury*, for example, loss of earnings (if you are out of work), medical bills, added travel costs as a result of the accident (for example, travel to and from the hospital) and future care costs. Learn more about Special Damages

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim vary depending on the situation. When taking into account how long medical negligence claims take, it is important to remember that medical negligence cases* require certain time frames in place within which you can bring a claim. For medical negligence claims* it is two years less a day following the date of the incident or two years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence*. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Medical Negligence* Involving Children

In an unfortunate incident where a child is subject to medical negligence*, the process of making a claim differs from that of an adult. A minor can bring a claim forward in the first two years following their 18th birthday.

Learn more about Legal Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

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