Sherwin O’ Riordan Solicitors understand the devastating impact a cancer misdiagnosis can have on individuals and their families. Our dedicated team  specializes in helping those affected pursue justice and compensation for the harm caused by medical negligence.

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What is a Cancer Misdiagnosis Claim?

A cancer misdiagnosis claim arises when a medical professional fails to diagnose cancer, diagnoses it incorrectly, or delays a correct diagnosis, leading to a worse prognosis or outcome for the patient. These claims fall under the umbrella of medical negligence, where a healthcare provider’s actions (or inactions) fall below the accepted standard of care, resulting in injury or harm to the patient.

What Constitutes Negligence?

To establish negligence in a cancer misdiagnosis claim, it must be proven that:

1. Duty of Care: A medical professional owed a duty of care to the patient. This is generally accepted in any doctor-patient relationship.
2. Breach of Duty: The medical professional breached that duty of care by failing to act as a reasonably competent professional would have in similar circumstances. This could involve misinterpreting test results, failing to order appropriate tests, or overlooking symptoms.
3. Causation: The breach of duty directly caused or contributed to the patient’s injury or a worsening of their condition. For example, a delayed diagnosis might have allowed the cancer to progress to a more advanced and less treatable stage.
4. Damages: The patient suffered quantifiable damages as a result of the injury, such as pain and suffering, loss of earnings, or increased medical expenses.

Claim Types

Cancer misdiagnosis claims can encompass various scenarios, including:

• Delayed Diagnosis: The most common type, where cancer is eventually diagnosed, but only after a significant and detrimental delay.
• Missed Diagnosis: Cancer is present but is entirely overlooked by medical professionals.
• Incorrect Diagnosis: A patient is diagnosed with a different condition, leading to inappropriate treatment and a delay in addressing the actual cancer.
• Failure to Refer: A general practitioner or other medical professional fails to refer a patient to a specialist when symptoms warrant further investigation.
• Misinterpretation of Scans/Tests: Errors in reading X-rays, MRI scans, biopsies, or other diagnostic tests.

Misdiagnosis Categories

Cancer misdiagnosis can occur across various cancer types, but some are more frequently involved in claims due to their diagnostic complexities or rapid progression. These include:

• Breast Cancer: Often involves missed lumps or misinterpretation of mammograms.
• Bowel Cancer: Delays in diagnosis due to misinterpreting symptoms like changes in bowel habits or failing to perform colonoscopies.
• Lung Cancer: Can be mistaken for other respiratory conditions, leading to delayed diagnosis.
• Prostate Cancer: Misinterpretation of PSA levels or biopsy results.
• Skin Cancer (Melanoma): Failure to identify suspicious moles or lesions.
• Cervical Cancer: Errors in smear test readings or follow-up.

What Can I Claim Compensation For?

Compensation in cancer misdiagnosis claims aims to cover a range of losses and impacts, including:

• Pain and Suffering: For the physical and emotional distress caused by the misdiagnosis and its consequences.
• Loss of Amenity: Compensation for the reduced quality of life and inability to enjoy activities due to the illness.
• Medical Expenses: Costs associated with additional treatment, medication, therapies, and palliative care.
• Loss of Earnings: Past and future loss of income due to inability to work or reduced working capacity.
• Care Costs: Expenses for professional care or care provided by family members.
• Travel Expenses: Costs incurred for attending medical appointments.
• Adaptations to Home: If the misdiagnosis led to a need for home modifications.
• Psychological Support: Costs for counselling or therapy to cope with the emotional impact.

Who Can Claim?

The patient themselves can claim compensation if they have suffered harm due to a cancer misdiagnosis. In tragic circumstances where the misdiagnosis has led to the patient’s death, their family or estate may be able to bring a wrongful death claim for dependants and other losses.

Key Considerations

• Statute of Limitations: In Ireland, personal injury claims, including medical negligence cases, generally have a two-year time limit from the date of knowledge of the injury or misdiagnosis. It is crucial to seek legal advice as soon as possible.
• Complexity of Cases: Cancer misdiagnosis claims are often complex and require extensive medical evidence and expert opinions.
• Emotional Toll: We understand that pursuing such a claim can be emotionally challenging, and we provide compassionate support throughout the process.

Next Steps to Take

If you believe you or a loved one has been a victim of cancer misdiagnosis, we encourage you to:

1. Gather Medical Records: Collect all relevant medical documentation, including doctor’s notes, test results, and hospital records.
2. Contact Sherwin O’ Riordan Solicitors: Schedule a confidential consultation with our experienced medical negligence team. We will assess your case, explain your options, and guide you through the legal process.
3. Do Not Delay: Due to the strict time limits, it is vital to act quickly.