Excluding skin cancer, breast cancer is the most common forms of cancer affecting women in Ireland. According to Breast Cancer Ireland, approximately 3,600 women – and a small number of men – are diagnosed with breast cancer each year. Fortunately, with early detection, the prognosis for these patients is excellent.

Where breast cancer is detected at stage 1, the 5 year survival rate is 99%. That rate drops to 37% if detected at stage 4.

Accordingly, it is imperative to check your breasts every month, when you get out of the shower, or bath,  within two to three days of your period, for changes.  Breast Cancer Ireland have outlined the following 8 symptoms of breast cancer:

• One breast unusually lower than the other
• An enlargement of glands,
• swelling under your armpit
• a lump
• dimpling or retraction of the nipple
• Change in the skin around the nipple, or discharge
• Puckering of the skin
• Increase in the size of one breast

If you experience any symptom of concern, it is important that you immediately attend with your doctor for further investigation.

Developments in modern science and technology means that many breast cancer cases are detected during regular screening. The standard of healthcare in Ireland is excellent and mortality rates have fallen due to earlier detection.

However,  errors can and do arise. Media reports indicate that last year 60,000 patients who ought to have attended for regular screenings under the Breast Cancer Check programme were not seen.  Where healthcare professionals fail to diagnose and/or treat breast cancer in a timely manner – whether due to misinterpretation of test results, failure to make the necessary referral in a timely manner, or at all or administrative errors – the consequences can be devastating for patients and their families. In such cases, these patients and their families may have legal grounds to pursue a claim for medical negligence.

The purpose of this blog is to explore the circumstances which may constitute medical negligence in the context of breast cancer diagnosis, the manner in which the Irish legal system deals with cases of this nature, and the steps patients should take if they believe they have been affected by medical negligence.

What is Medical Negligence?

Medical negligence occurs when a medical practitioner fails to meet the standard of care expected in their profession, resulting in injury to the patient.

Common Failures in Breast Cancer Diagnosis

When it comes to breast cancer, the following errors are some of the more common grounds for a negligence claim:

• Failure to make the necessary referral for investigations, either in a timely manner, or at all.
• Misreporting or misinterpretation of mammograms, ultrasounds, or biopsies.
• Delays in organising follow-up appointments and implementing an appropriate treatment plan
• Failure to implement a proper treatment plan
• Breakdown in communication between practitioners so that there is a delay in diagnosis, or a missed opportunity for diagnosis

Impact of Delayed Diagnosis

A delayed or missed diagnosis of breast cancer can have serious and sometimes irreversible consequences. These may include:

• The necessity for more intensive, aggressive treatment.
• Reduced life expectancy.
• Increased risk of metastasis (cancer spreading to other parts of the body).
• Increased risk of future recurrence.
• Financial loss, or increased financial loss.
• In tragic cases, the opportunity for cure may be lost due to delay.

How long do I have to take a claim?

Under Irish law, patients who have suffered due to medical negligence may be entitled to compensation for:

• Pain and suffering (general damages)
• Reasonably incurred out of pocket expenses- to include loss of earnings, medical expenses

Time is critical in medical negligence cases. The general rule is that claims must be initiated within two years from the date of knowledge of the injury. This doesn’t necessarily mean the date the negligence occurred, but rather when the patient became aware – or ought to have become aware – that an injury resulted from substandard care.

How We Can Help?

Brigid O’Donnell, Solicitor, a native of Cashel, with offices in Clonmel, Co. Tipperary and Cork City, has extensive experience representing clients in complex medical negligence claims, including those involving delayed cancer diagnoses.  She has access to leading medical experts to investigate whether patients have suffered injury due to failures of care. She has experience of negotiating fair and appropriate compensation, often through mediation, for affected patients and for their families. She also has experience in conducting and winning trials to secure compensation for clients and for their families.

She understands how stressful these cases can be, and she works hard to provide support, discretion, and clarity every step of the way.