Cancer Misdiagnosis Compensation Claims

Cancer Misdiagnosis Claims *

At Hanahoe & Hanahoe Solicitors our medical negligence solicitors* have years of expertise in dealing with cancer misdiagnosis claims*. Cancer is a disease which has touched the lives of almost every family in the country at some point. Thankfully, the medication and treatments are progressing all the time and often the diagnosis is not as grave as it would have been, even five years ago. Any oncologist will tell you that the earlier the cancer is discovered, the better chance a patient has of beating it. It is for this reason that diagnosing cancer properly is essential.

Unfortunately, if cancer is misdiagnosed or if there is a delay in diagnosis, the consequences for the patient and their family, can be devastating. Our cancer misdiagnosis solicitors* often advise clients and their families in relation to injuries sustained as a result of the misdiagnosing of cancer, delayed diagnosis, delayed or inappropriate treatment of a range of cancers, or failures in screening. These cases can often be very technical and require your solicitor to deal with oncologists, radiologists, pathologists and other experts such as occupational therapist, actuaries and vocational assessors. It is therefore essential that you get an expert medical misdiagnosis solicitor* to ensure your cancer misdiagnosis claim is dealt with properly.

Commonly misdiagnosed cancers

For most people, their general practitioner is their first port of call when they are feeling unwell. Thankfully, the standard of general practitioners in Ireland is excellent. GP’s assess and treat a variety of illnesses, injuries and symptoms for their patients. It is here where most referrals to oncologists are made. Unfortunately, sometimes misdiagnoses are made and a patient is not referred to the appropriate specialist or for the appropriate investigatory procedures such as X rays, CT scans, PET scans and biopsies. In these cases, where there has been a failure or delay in diagnosing the cancer, the patient may have a cancer misdiagnosis claim*. We would often see cancer misdiagnosis claims in circumstances where:

• A medical practitioner failed to notice the signs of cancer or misinterprets the cancer for another disease or illness.
• A medical practitioner failed to refer a patient to the appropriate specialist, such as an oncologist, in a timely manner.
• A medical practitioner failed to investigate symptoms properly.
• A medical practitioner failed to refer a patient for appropriate screening by way of MRI, CT, PET scan, biopsy, etc.
• A medical practitioner failed to examine a patient properly.

If, as a result of any of the above failures, a patient’s cancer goes undiagnosed and develops where the patient will require further or more aggressive treatment or tragically, where the cancer becomes untreatable, then that patient may well have a cancer misdiagnosis claim*.

Common cancers that our medical misdiagnosis solicitors* see are:

• Bowel cancer
• Breast cancer
• Cervical cancer
• Testicular cancer
• Prostate cancer
• Ovarian cancer
• Lung cancer

Potential outcomes of cancer misdiagnosis

The mere fact that there was a misdiagnosis, does not necessarily mean the patient has a statable cancer misdiagnosis compensation claim*. Like any medical negligence matters*, in order to substantiate a claim, you must first show that there was negligence, and secondly show that you sustained an injury as a result of the negligence. Often our medical negligence solicitors* see cases where a doctor has negligently misdiagnosed cancer, but the patient has not sustained any injuries as a result of the misdiagnosis. These generally fall into two categories –

1. where the cancer has thankfully not progressed from the time of the misdiagnosis, to when the cancer was correctly diagnosed.
2. Sadly, on other occasions our medical negligence solicitors* see cases is where cancer has been misdiagnosed, but unfortunately for our client, the cancer had developed to such an extent at the time of misdiagnosis, that a correct diagnosis would not have altered the treatment or enhanced the chances of survival.

However, on many occasions the negligent misdiagnosis does adversely affect a patient and in those circumstances the patient is likely to have a statable cancer misdiagnosis claim*. The injuries caused by such misdiagnosis can generally be put into three categories:

Loss of chance of survival

Unfortunately, in many instances misdiagnosis of cancer robs the client of the chance of surviving the disease. These are particularly tragic cases. Due to the complexity of these cases and the fact that they often require to be processed exceptionally quickly, as often the client does not have long left to live, it is essential that you seek advice from specialist cancer misdiagnosis solicitors.* In such cases, not only will it be necessary to get negligence and causation reports from oncologists and pathologists, it will also be necessary to get reports from experts such as actuaries, to ensure that the client is properly compensated for not only their loss of earnings, but also their future loss of earnings.

More aggressive treatment

While a negligent misdiagnosis may not be fatal for a client, it may mean that they will now require more aggressive and invasive treatments. In such cases a patient may have a statable cancer misdiagnosis claim* for the injuries they have sustained as a result of these more aggressive treatments.

Often a patient who has received a misdiagnosis will now require surgery or more intensive chemotherapy or radiation therapy, where same would not have been required had there not been a misdiagnosis. Again, such cases are highly complex and require not only the expert opinions of medical practitioners, but also other experts such as actuaries, vocational assessors, occupational therapists and the like, as often a large part of the client’s medical diagnosis claim* will relate to their loss of earnings, increased medical expenses and increased rehabilitation costs.

Psychological injuries

Often the injuries a patient suffers as a result of medical misdiagnosis are not just physical, but also mental. Knowing that you now have to go through extensive and aggressive treatment – or worse, that treatment will no longer be effective as a result of the misdiagnosis can be incredibly distressing.. It is very common for clients that our medical misdiagnosis solicitors* represent to suffer serious psychological injuries as a result of the negligent misdiagnosis. Coping with such a diagnose can be very difficult, thankfully there are lot of great support agencies in Ireland, that can help patients and their family’s through this very difficult time

Types of cancer misdiagnosis

Our medical negligence solicitors* would typically see three types of cancer misdiagnosis. However, it’s important to note that just because cancer has been misdiagnosed does not mean that the patient automatically has a statable cancer misdiagnosis compensation claim*. Many cancers are often very difficult to diagnose and often the failure of a medical practitioner to diagnose them will not meet the test set out in the Dunne case. As stated above, it is also quite possible that a patient can get a negligent misdiagnosis of cancer, but because they have not sustained an injury as a result of the misdiagnosis, they do not have a statable cancer misdiagnosis claim*.

• Failure to diagnose cancer – this is where your medical practitioner completely fails to diagnose the cancer. If this is a diagnosis your doctor should reasonably have made, and you or a loved one has lost their chance of survival, or you now require more aggressive and invasive treatment as a result of the misdiagnosis, you likely have a cancer misdiagnosis claim*.
• Delayed diagnosis of cancer – if your medical practitioner does not diagnose your cancer in a timely manner and in a time as would be reasonably expected of someone of his/her qualifications, you may have a medical misdiagnosis claim*. Again, this will be dependent on the fact that you are in a medically worse position as a result of the misdiagnosis.
• Incorrect cancer diagnosis – if your medical practitioner incorrectly diagnoses the cancer and therefore incorrectly treats the cancer, again you may have a cancer misdiagnosis claim*.

Medical negligence in cancer misdiagnosis

If you believe that you or a loved one have sustained an injury as a result of cancer being misdiagnosed, it is essential that you go to an experienced medical misdiagnosis solicitor*. At Hanahoe & Hanahoe Solicitors we will immediately arrange a consultation where we will take a detailed statement from you in relation to the misdiagnosis. We will also immediately requisition your medical notes so we can have an expert report prepared, to see whether your misdiagnosis meets the criteria set out in the Dunne case, to bring a statable medical negligence claim*.

In circumstances where we are dealing with a loss of chance of survival claim, we will immediately brief both Junior and Senior Counsel to bring the necessary Court applications to ensure that your case is properly managed by the Court and fast-tracked so it receives the earliest possible hearing date.

Why choose Hanahoe & Hanahoe Solicitors?

Hanahoe & Hanahoe Solicitors are experts in the area of medical negligence and have significant experience in cancer misdiagnosis claims*. Led by our Managing Partner, Luke Hanahoe, we represent clients from across the country in medical negligence and cancer misdiagnosis claims*. We understand the complexities and urgencies of these cases. We also understand the toll a misdiagnosis, and indeed subsequent litigation, can have on a client and their family. We therefore ensure that our clients and their families are at all times dealt with in a compassionate manner, but never a condescending one.

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