A cancer misdiagnosis claim* is for compensation following medical negligence with a diagnosis of cancer. You make the medical negligence claim* for the effects of the cancer misdiagnosis on your life.

An early cancer diagnosis is key to getting prompt treatment, longer survival time and being cancer free. A cancer misdiagnosis can prolong treatment, allow the cancer to spread, and could be fatal medical negligence.

Every medical professional owes you a duty of care. If they breach that duty of care, causing you harm, you may have a medical negligence compensation claim. Medical negligence with your cancer diagnosis could be a cancer misdiagnosis claim*.

Valerie Kearins Solicitors can make your cancer misdiagnosis medical negligence claim* for compensation.

What is a cancer misdiagnosis claim*?

A cancer misdiagnosis claim* is when you make a compensation claim for the effects of the negligence before and during a diagnosis of cancer. You make a cancer misdiagnosis compensation claim for the impact of the cancer negligence on your life. 

Cancer misdiagnosis in Ireland happens a lot. Over 44,000 people in Ireland get a cancer diagnosis every year, and of those, more than 24,000 are what are known as invasive cancers. 30% of deaths in Ireland are cancer-related, and though cancer survival rates are increasing, more work is needed for early cancer diagnosis and accurate cancer diagnosis. 

Patients need an accurate cancer diagnosis, and they need that accurate diagnosis of cancer as soon as is possible. Prevention, diagnosis, and treatment are all part of surviving cancer, but medical negligence can play a big part in a cancer journey.

Valerie Kearins medical negligence solicitors have the experience of cancer misdiagnosis to make a claim for errors during a diagnosis of cancer.

Contact Valerie Kearins Solicitors Today

If you feel you have been the victim of medical negligence and you are considering filing a claim for compensation, feel free to get in touch with Valerie Kearins Solicitors for an assessment of your case.

Common cancer misdiagnosis claims*

Common cancer misdiagnosis claim*s range from the errors in making a cancer diagnosis to errors to not referring the patient for cancer tests and negligence in an accurate cancer diagnosis.

Types of cancer misdiagnosis claim*s in Ireland:

  • Errors in reading test results, cancer misdiagnosis
  • Wrong type of cancer misdiagnosis claim*s

  • Failing to refer a patient for further tests

  • Oncologist cancer misdiagnosis medical negligence

  • Cancer testing errors medical negligence

Errors in reading test results, cancer misdiagnosis

Errors in reading cancer test results can cause a cancer misdiagnosis and lead to the spread of cancer in the patient. An accurate reading of cancer test results can see to a prompt diagnosis and the beginning of treatment.

Types of errors with reading cancer test results:

  • The oncologist makes an error when reading the cancer tests
  • The doctor fails to read the cancer test results before giving a diagnosis

  • The oncologist reads the wrong patient’s notes when making a diagnosis

Valerie Kearins Solicitors can look at the details of your cancer diagnosis and be with you when making a medical negligence claim*.

Wrong type of cancer misdiagnosis claim*s

The wrong type of cancer misdiagnosis can cause errors with treatment or prevent the prompt beginning of the correct cancer treatment. Being given the wrong medication or the wrong cancer medication can cause severe side effects and delay the start of cancer treatment.

Wrong type of cancer, diagnosis errors:

  • Cervical cancer misdiagnosed as bowel cancer
  • Lung cancer misdiagnosed as breast cancer

  • Stomach cancer misdiagnosed as colon cancer

Cancer misdiagnosis can cause treatment delays and could put a cancer beyond treatment.

Failing to refer a patient for further tests

Failing to refer a patient for further tests can lead to a cancer misdiagnosis and could see a patient being given a clean bill of health when there is a cancer present. The use of further tests can help identify cancer and lead to an accurate diagnosis.

Types of failing to refer for further tests, medical negligence:

  • GP fails to refer you for further tests despite having symptoms
  • The oncologist fails to refer the patient for further tests

  • The A&E doctor fails to refer a patient for further tests when they are ill

Valerie Kearins medical negligence solicitors can use their experience in failure to refer cases when making a cancer misdiagnosis claim*.

Oncologist cancer misdiagnosis medical negligence

The oncologist is the consultant that the GP and hospital doctor will send a patient to when they suspect a diagnosis of cancer. An oncologist must give the patient their full duty of care and avoid a case of cancer misdiagnosis.

Oncologist cancer misdiagnosis claim*s:

  • Oncologist makes a misdiagnosis of breast cancer from test results
  • Oncologist makes a misdiagnosis of bowel cancer as liver cancer

  • Oncologist makes a skin cancer misdiagnosis

You can make a cancer medical negligence claim* when you get a cancer misdiagnosis from the oncologist.

Cancer testing errors medical negligence

Cancer testing errors can happen at a crucial time with your diagnosis and put you on the wrong course of treatment or delay the beginning of cancer treatment.

A cancer testing error may go unnoticed for a time and can be very stressful for the patient and family.

Types of cancer testing errors:

  • Radiologist scans the wrong part of the body for cancer
  • Cancer scanning equipment is not calibrated properly

  • Faulty MRI scanner gives an incomplete cancer test

All cancer scanning equipment, such as an X-ray, MRI and CT scanner, must be maintained and working correctly. The radiologist should read the patient’s notes and scan the correct part of the body.

Valerie Kearins Solicitors can make your cancer misdiagnosis medical negligence compensation claim.

Contact Valerie Kearins Solicitors Today

At Valerie Kearins Medical Negligence Solicitors, our friendly and experienced team have extensive knowledge of legal cases involving medical negligence claims.

Compensation in a cancer misdiagnosis claim*

Compensation in a cancer misdiagnosis claim* in Ireland varies depending on the effects of the cancer on the patient and how much the patient suffers due to the cancer misdiagnosis.

A medical negligence compensation claim can vary depending on the extent to which the cancer impacts the patient and whether it affects their ability to work and care for themselves. Age is also a factor in medical negligence compensation claims, as well as the extent to which the misdiagnosis will impact the rest of the life of the injured party.

Any compensation claim may also reflect the care needs, any necessary home adaptations, and the costs of full-time care in some cases.

The effects of a cancer misdiagnosis, such as the need for invasive surgery or the need for the patient to receive intensive treatment, can be severe for a patient, and the compensation claim will look for damages for living with the medical negligence.

Valerie Kearins Solicitors can make your claim for medical negligence damages.

What are damages in a medical negligence claim*?

Damages in a medical negligence claim* are a combination of two types. For each set of damages, you seek compensation for the immediate effects of the medical negligence following a cancer misdiagnosis and the effects of it for life on both the patient and their family.

Damages in a cancer misdiagnosis medical negligence claim* are:

Special Damages in a cancer misdiagnosis claim* are for the financial effects of the medical negligence on your life today and in the future.

With Special Damages, you may claim any:

  • Loss of earnings today and in the future
  • Care costs today and in the future 
  • Out-of-pocket expenses for the cancer treatment

Your solicitor will be with you and advise you on making the full claim for Special Damages.

The General Damages in a cancer misdiagnosis claim* are for the medical effects of the injury on the patient.

General damages may be claimed for:

  • Suffering by the injured party
  • A limited ability to live a normal life after a cancer misdiagnosis
  • Unnecessary pain due to intensive cancer treatment
  • Discomfort to the patient due to the injury 
  • Inconvenience caused by cancer misdiagnosis negligence

There are many types of general damages in a medical negligence claim*, and your solicitor can talk you through each one.

With Valerie Kearins Solicitors, you can claim damages due to the effects of the cancer misdiagnosis negligence on your life.

Potential effects of cancer misdiagnosis negligence

The potential effects of cancer misdiagnosis negligence range from the cancer spreading to other organs to unnecessary pain and discomfort from more invasive cancer treatment surgery than originally planned.

The medical professional responsible for the cancer negligence could be the GP who did not follow up on test results or the hospital consultant who failed to make an accurate cancer diagnosis.

Types of potential effects of a cancer misdiagnosis:

  • Cancer spreads throughout the body
  • Illness from intensive cancer treatment

  • Invasive surgery, which could have been avoided

  • Internal organ damage from receiving the wrong cancer medication

  • Delays in beginning accurate cancer treatment

  • A cancer going beyond safe treatment

  • Death of a patient due to a cancer misdiagnosis

A cancer misdiagnosis may put breast cancer, skin cancer, and bone cancer beyond treatment. You may be very ill for some time due to the cancer diagnosis negligence. In some cases, surgery may be the only option, as it becomes too late for treatment with chemotherapy medication.

Valerie Kearins Solicitors can assist with your medical negligence claim* for cancer misdiagnosis clinical negligence.

Who can be at fault for a cancer misdiagnosis claim*?

A medical professional can be at fault for a cancer misdiagnosis claim*. Every medical professional owes their patient a duty of care before, during and after a diagnosis. If the medical professional breaches that duty of care, there may be a medical negligence claim* to answer.

A cancer misdiagnosis claim* can be for the effects of waiting longer to begin treatment for cancer. You may have unnecessary suffering, and it may take longer to recover from the cancer due to a misdiagnosis.

The medical professional who can be at fault for a cancer misdiagnosis claim*:

  • The GP who makes a cancer misdiagnosis
  • The hospital doctor who does not make the cancer diagnosis

  • The oncologist who misreads the cancer test results

  • The doctor who does not refer you for a cancer diagnosis

  • The consultant who fails to order cancer diagnosis tests

  • The HSE hospital responsible for hiring the medical professional

  • The HSE hospital responsible for cancer diagnosis and treatment

  • The HSE hospital responsible for any administrative errors

  • The Private Hospital responsible for the cancer diagnosis negligence

If you suffer due to cancer misdiagnosis, it could be medical negligence by one or more of the medical professionals involved.

Valerie Kearins Solicitors can be with you from day one when claiming medical negligence compensation

Fatal cancer medical negligence claim*

A fatal cancer medical negligence claim* is when you lose a loved one due to a misdiagnosis of cancer. The cancer misdiagnosis by the oncologist, hospital doctor or GP may cause a delay in treatment and put the cancer beyond accurate treatment.

The cancer misdiagnosis may go undiscovered for a long time. The misdiagnosis of cancer will give the cancer time to spread to other parts of the body and make treatment difficult. When cancer spreads without treatment, it can lead to the death of a patient.

The loved ones and family members left behind are known as dependents in a claim for fatal medical negligence. The dependents make the medical negligence claim* for the impact on their lives of the fatal cancer misdiagnosis.

Dependents in a fatal medical negligence claim* in Ireland can be:

  • The spouse of the patient who died due to a cancer misdiagnosis
  • A parent of the patient who passed away

  • A step-parent of the patient

  • A grandparent of the patient

  • A child of the patient

  • A stepchild of the patient

  • An adult dependent of the patient who died due to cancer negligence

  • Family members who relied on the patient for care and financial support

  • A sister or brother of the deceased

  • A half-brother or half-sister

The dependents make a fatal medical negligence claim* for the losses due to the death of a family member following a cancer misdiagnosis. They can claim for the financial losses and the trauma of losing a loved one.

Valerie Kearins Solicitors can advise you when making a fatal cancer misdiagnosis compensation claim. 

How long do you have to make a cancer misdiagnosis compensation claim?

You have two years to make a cancer misdiagnosis compensation claim in Ireland. The two years begin from the date of the cancer misdiagnosis, which is known as the ‘date of discovery.’

The date of discovery is the date when you are told that you have suffered due to medical negligence. You could be in pain for a number of years, but only realise the pain is due to a misdiagnosis of the cancer when the oncologist should have made an accurate diagnosis.

The two-year period for initiating a compensation claim begins on the date of the confirmed misdiagnosis negligence.

A parent or other caregiver may make a compensation claim at any time for a child until their 18th birthday, regardless of the date of discovery. The child can make a compensation claim once they turn 18, but only if one was not made on their behalf before they became an adult.

In all medical negligence compensation claims, it is usually best to make the claim as soon as possible while the evidence is still fresh and the staff on duty at the time are still available.

Valerie Kearins Solicitors will inform you of how and when you can make a medical negligence claim*.

Contact us today

Contact Valerie Kearins Solicitors today to make a medical negligence claim* for a cancer misdiagnosis.

Our team of medical negligence experts will be with you from day one and support you fully throughout the compensation claim process.

You are the one who has been injured and is suffering due to medical negligence by the GP, hospital consultant, or hospital staff. Valerie Kearins Solicitors know what to do when forming a medical negligence compensation claim and will be by your side from day one. 

Contact Valerie Kearins medical negligence solicitors today for your cancer misdiagnosis claim*.

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