Breast Cancer Misdiagnosis Claims: Your Rights and How to Pursue a Claim*

Sherwin O’Riordan Solicitors understand the devastating impact a breast cancer misdiagnosis can have on individuals and their families. When medical negligence leads to a delay in diagnosis or an incorrect diagnosis of breast cancer, the consequences can be severe, potentially affecting treatment options, prognosis, and quality of life. Our dedicated team of medical negligence solicitors are here to provide compassionate and expert legal guidance to help you navigate the complexities of pursuing a breast cancer misdiagnosis claim. We are committed to securing the justice and compensation you deserve.

Speak with a Solicitor Today – Call 01 663 2000

Contact us today through our online contact form.

Understanding Breast Cancer Misdiagnosis

Breast cancer misdiagnosis occurs when a healthcare professional fails to diagnose breast cancer, delays the diagnosis, or provides an incorrect diagnosis. This can happen at various stages, from initial screening to the investigation of symptoms. The implications of such errors can be profound, as early detection is often crucial for effective treatment and improved outcomes in breast cancer cases.

Types of Breast Cancer Misdiagnosis Claims

Breast cancer misdiagnosis claims can arise from several scenarios, each with its own specific legal considerations:

• Breast Cancer Screening Misdiagnosis:
• This type of claim typically involves errors made during routine breast cancer screenings, such as mammograms, ultrasounds, or MRIs. Examples include a radiologist misinterpreting imaging results, failing to identify suspicious lesions, or overlooking clear signs of cancer. A delay in diagnosis due to screening errors can allow the cancer to progress, potentially leading to more aggressive treatment or a worse prognosis.

• Symptomatic Breast Cancer Misdiagnosis: This occurs when a patient presents with symptoms indicative of breast cancer (e.g., a lump, nipple discharge, skin changes), but their healthcare provider fails to properly investigate these symptoms, dismisses them, or misdiagnoses them as a benign condition. This can lead to significant delays in receiving the correct diagnosis and treatment.

• Pathology Errors: Misdiagnosis can also stem from errors in the laboratory analysis of tissue samples (biopsies). A pathologist might incorrectly identify cancerous cells as benign, or vice versa, leading to inappropriate treatment decisions or delayed intervention.

• Failure to Refer: A general practitioner or other healthcare professional may be negligent if they fail to refer a patient with suspicious breast symptoms to a specialist for further investigation in a timely manner.

How to Pursue a Breast Cancer Misdiagnosis Claim*

Pursuing a medical negligence claim for breast cancer misdiagnosis involves several key steps. It is a complex legal process that requires expert legal representation.

1. Initial Consultation and Assessment

The first step is to contact Sherwin O’Riordan Solicitors for a confidential consultation. During this meeting, we will listen to your story, gather preliminary information about your medical history, and assess the potential merits of your claim. We will discuss the timeline of events, the medical care you received, and the impact the misdiagnosis has had on your life.

2. Gathering Evidence

To build a strong case, extensive evidence gathering is crucial. This typically includes:

• Medical Records: We will obtain all relevant medical records, including GP notes, hospital records, imaging reports (mammograms, ultrasounds, MRIs), pathology reports, and correspondence between healthcare providers. These documents are vital for establishing the standard of care and identifying any deviations.
• Expert Medical Opinions: A cornerstone of medical negligence claims is obtaining independent expert medical opinions. We will instruct leading medical experts, such as oncologists, radiologists, and pathologists, to review your medical records. These experts will determine whether the care you received fell below the accepted standard of care and if this negligence directly caused or contributed to your injury or worsened your prognosis. The legal test for medical negligence in Ireland, often referred to as the “Dunne test,” requires demonstrating that the healthcare professional acted in a manner that no other medical professional of equal specialist or general status and skill would have acted, knowing the same facts.
• Witness Statements: In some cases, witness statements from family members or others who observed the impact of the misdiagnosis can be valuable.

3. Establishing Negligence and Causation

To succeed in a breast cancer misdiagnosis claim, you must prove two key elements:

• Breach of Duty (Negligence): You must demonstrate that the healthcare professional(s) involved breached their duty of care by failing to act with the skill and care expected of a reasonably competent professional in their field. This is where expert medical opinions are critical.
• Causation: You must establish a direct causal link between the negligent act (the misdiagnosis or delayed diagnosis) and the harm you suffered. This means proving that but for the negligence, your outcome would have been significantly better. For example, if the cancer was diagnosed earlier, you might have required less aggressive treatment, or your chances of survival would have been higher.

4. Calculating Damages

If negligence and causation are established, we will then assess the full extent of your damages. This can include:

• General Damages: Compensation for pain and suffering, emotional distress, loss of enjoyment of life, and reduced life expectancy.
• Special Damages: Financial losses incurred as a direct result of the misdiagnosis, such as:
  • Loss of earnings (past and future)
  • Medical expenses (e.g., additional treatments, therapies, medications)
  • Care costs (e.g., nursing care, home modifications)
  • Travel expenses
  • Psychological support and counselling

5. Negotiation and Litigation

Once all evidence is gathered and damages are calculated, we will attempt to negotiate a settlement with the negligent party’s insurers. Many medical negligence claims are resolved through negotiation or mediation without the need for a full court trial. However, if a fair settlement cannot be reached, we are fully prepared to initiate legal proceedings and represent you in court to secure the compensation you deserve.

How Do I Process a Claim*?

To process a breast cancer misdiagnosis claim with Sherwin O’Riordan Solicitors, follow these steps:

1. Contact Us: Reach out to our office by phone or through our website to schedule your initial consultation.
2. Gather Initial Information: Prepare a timeline of events, including when you first noticed symptoms, when you sought medical attention, and details of the diagnosis and treatment you received.
3. Provide Consent for Medical Records: We will guide you through the process of providing consent for us to obtain your medical records.
4. Cooperate with Experts: Be prepared to attend appointments with medical experts if required, to provide them with a full understanding of your condition and its impact.
5. Stay Informed: We will keep you updated at every stage of your claim, explaining the legal process in clear, understandable terms.

The Statute of Limitations: It is crucial to be aware of the statute of limitations for medical negligence claims in Ireland. Generally, you have two years from the date of knowledge of the injury or misdiagnosis to initiate legal proceedings. There are some exceptions, particularly for minors, but it is always best to seek legal advice as soon as possible to avoid missing crucial deadlines.

If you believe you have been a victim of breast cancer misdiagnosis, do not hesitate to contact Sherwin O’Riordan Solicitors today. Our experienced team is here to provide the support and legal expertise you need during this challenging time.

Individuals seeking information on breast cancer misdiagnosis often use specific terms such as “breast cancer misdiagnosis compensation,” “medical negligence breast cancer,” “delayed cancer diagnosis claim,” “wrong diagnosis breast cancer,” and “solicitors for breast cancer negligence.” Our firm specializes in these critical issues, offering dedicated support to clients who have experienced medical errors of this nature.

Speak with a Solicitor Today – Call 01 663 2000

Contact us today through our online contact form.

Sherwin O’ Riordan Solicitors, with their expertise in medical negligence law, have experienced Solicitors to handle breast cancer medical negligence claims, providing essential support and legal representation to those affected by negligence.

With Sherwin O’ Riordan, you’re never just a case number, you’re a person with a story, and we’re here to make sure it’s heard.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.