News & Info

Our Lady of Lourdes Hospital, Drogheda was in the spotlight recently following a revelation of mis-categorisation of pre-cancerous cells for a number of patients.

As a result, over 1,000 patients’ files relating to a particular consultant at the hospital from February to November 2024 will be reviewed.

A small number so far have been advised that tests on pre-cancerous cells were mis-categorised and some of these will result in a delay in receiving treatment.

What is misdiagnosis or late diagnosis?

• Misdiagnosis occurs when a condition is incorrectly identified as something else.
• Missed diagnosis means that a condition is not identified at all.
• Late diagnosis happens when the correct diagnosis is made, but only after a significant delay.
• Mis-categorisation is when results are incorrectly categorised (for example a severe case categorised as mild).

In some of these situations, patients who have experienced errors in their diagnosis may be able to make a medical negligence claim for compensation. For example, if a patient has lost valuable time in treating their illness or if they have been treated for the wrong condition.

So, how do you know if you have a case for a delayed treatment claim or a cancer midiagnosis claim?

Elaine Hickey, Head of Medical Negligence at Tracey Solicitors LLP, says there is no straightforward answer to this question as each situation is unique.

“To start with, it’s vital to understand exactly what went wrong, and importantly, what the impact of the mistake was. For example, if cancer test results are wrongly interpreted, and the resulting delay in treatment has caused the cancer to become more aggressive or harder to treat, there could be a case of medical negligence.”

In order to bring a compensation claim for medical negligence, you will need to prove that:

• the standard of care you received was below the level of care you would have received from a different medical professional.
• the negligence has caused you damage or injury.

Elaine explains how this is done.

“If you think negligence was the cause of the error, the first step would be to speak to a specialist medical negligence solicitor. Once they have a general understanding of what happened, and both you and the solicitor agree to proceed with your case, the solicitor will request your medical records.”

“The next step,” says Elaine, “would then be to prove that the medical service provider was at fault for the error in diagnosis. To do this, your solicitor will arrange a review of your records by an independent expert, usually one who is based in the UK. That expert will assess whether the error could have been avoided and if there was negligence involved. When they have given their report and findings, the case will proceed from there.”

Elaine adds:

“Being tested for cancer or any serious illness is an extremely worrying time for anyone. If you’re going through these tests, you are trusting that the results are going to be accurate. If there are systemic problems that are causing errors, this is a serious breach of trust between patients and the health service. Legal action is not just about compensation; it is also a way of holding those responsible to account and to prevent similar mistakes from happening again.”

At Tracey Solicitors LLP, our experienced medical negligence team understands how difficult it can be to deal with a misdiagnosis or late diagnosis.

If you have concerns about your medical treatment and would like to explore your options, contact our team in confidence today for clear advice and compassionate support.