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Cancer Misdiagnosis Claims

Cancer misdiagnosis often has devastating outcomes for patients and their families. It can occur when non-cancerous medical conditions are falsely diagnosed as cancer. Cancer misdiagnosis also occurs when cancer patients do not receive a proper and timely cancer diagnosis. Contact our experienced cancer misdiagnosis claims solicitors to know more about your claim.

Commonly misdiagnosed cancer

Cancer misdiagnosis can be caused by a number of factors, ranging from medical negligence to a basic lack of cancer knowledge in the medical community. In some cases, cancer misdiagnosis is medically unavoidable, despite the use of all appropriate diagnostic processes and procedures. In cases where a particular party is at fault, patients may be able to file a cancer misdiagnosis claim.

Commonly misdiagnosed cancers include breastcervical, colorectal, lung, and pancreatic cancer, among others. Data indicate that these cancers are often misdiagnosed due to the fact that they are also among the most common types of cancer. Misdiagnosis of these cancers often occurs due to the similarity of cancer symptoms to the symptoms of other, non-cancerous conditions.

Cancer misdiagnosis may occur in these common cancers because

  • Inflammatory breast cancer exhibits similar symptoms to other inflammatory breast conditions, such as mastitis and fibrocystic breast disease.
  • Colorectal cancer diagnosis may be confused with inflammatory bowel diseases (IBDs), including irritable bowel syndrome (IBS) and ulcerative colitis.
  • Lung cancer symptoms are typically similar to lung infections, such as pneumonia, bronchitis, and tuberculosis.
  • Pancreatic cancer presentation is often similar to the presentation of IBDs, pancreatitis, and diabetes.

Have you been affected as a result of medical negligence?

  • Our team of medical negligence solicitors has over 30 years of collective experience handling cases for those who have suffered as a result of medical misdiagnosis or medical negligence.
  • We are accredited as medical negligence specialists by Action against Medical Accidents (AvMA) and the Law Society of Ireland.
  • AvMA, a nonprofit dedicated to patient safety and justice, has given Coleman Legal its seal of approval. On their website, they provide helpful advice on how to choose a specialised solicitor for your medical negligence claim, which may assist you in making your decision.

Types of cancer misdiagnosis claims

Cancer misdiagnosis often involves incidents where a medical professional incorrectly diagnoses cancer, fails to properly diagnose cancer, or provides a delayed diagnosis. Each of these scenarios can result in the delay or absence of critical cancer treatment. Often, cancer misdiagnosis patients miss a crucial time frame during which cancer treatment is most effective. As a result, the patient’s prognosis and the outcome may be poorer than if the proper treatment were provided in a timely manner.

1. Incorrect cancer diagnosis

Incorrect cancer diagnosis occurs when a cancer diagnosis is given to a patient without cancer, or when a diagnosis for a different condition is given to a cancer patient. In both of these scenarios, the patient’s current cancer status is misinterpreted. In many cases, the patient misses a treatment window for cancer or undergoes unnecessary cancer treatment.

2. Faulty cancer screening

Diagnostic testing may provide false-positive or false-negative results. False-positive test results indicate cancer when the condition is not present. Likewise, false-negative results indicate the absence of cancer in cancer patients. Faulty cancer screening often occurs due to imperfections in the testing process.

For example, cancer screening may misidentify abnormal cells as cancerous when they are not. Imaging tests such as magnetic resonance imaging (MRI) or computerized tomography (CT) may fail to identify cancerous lesions that are too small for detection. Additionally, faulty cancer results may occur from negligence or incompetence of medical professionals who administer the tests.

3. Delayed diagnosis of cancer

Delayed cancer diagnosis occurs when the medical professional fails to recognize signs of cancer when they are first presented. Delayed cancer diagnosis results in delayed treatment, which can have fatal outcomes for patients. Due to the aggressive nature and rapid growth of some types of cancer, a delayed cancer diagnosis can ultimately lead to the patient’s unnecessary death.

4. Failure to diagnosis cancer

In these cases, the treating medical professionals completely fail to identify and diagnose a patient’s cancer. Often, the patient does not discover the cancer until it is observed by another doctor or cancer specialist. Patients may only receive a proper diagnosis in advanced stages due to the onset of severe symptoms. In severe cases, patient death may occur before a cancer diagnosis is made.

5. Medical negligence in cancer misdiagnosis

Cancer misdiagnosis is often the result of medical negligence on the part of the medical professionals and companies responsible for diagnosing and treating the patient. Medical negligence occurs when a treating medical professional acts carelessly or fails to provide a patient with adequate care and attention in a medical setting. Medical negligence is established by comparing the actions of the medical professional in question to the actions of another medical professional with similar qualifications, specialization, and experience.

Cancer misdiagnosis may occur when a medical professional

  • Fails to acknowledge, investigate, or identify certain symptoms associated with cancer
  • Fails to administer appropriate cancer testing when medically indicated by symptoms or risk factors
  • Improperly or inappropriately conducts cancer testing, such as a biopsy or MRI scan
  • Fails to correctly read or interpret cancer test results provided by a testing laboratory
  • Fails to acknowledge or investigate medical recommendations made by a testing laboratory
  • Fails to refer a patient to a more qualified specialist in cases where the medical professional lacks the appropriate skills or expertise
  • Treats a patient using procedures and processes that are not medically warranted by the patient’s symptoms and current state
  • Fails to provide prompt and adequate follow-up care for treatment assessment

The claim process

1. Consult our medical negligence solicitor

It is advisable for you to speak to an experienced team of Medical Negligence Solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.

2. We obtain your medical records

After the consultation with your medical negligence solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the part of the medical professional.

3. The medical negligence litigation process

Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital.

Call us at 1800 844 104 (Free Phone) or email [email protected] to speak with a member of our Medical Negligence team.

Statute of Limitation

The legal time limit to make a medical negligence claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence. For children/minors, the time limit expires two years after their 18th birthday. You may contact a solicitor to discuss your case to advise of the Statute of Limitations applicable to your case.

Our team

Coleman Legal LLP Team

Patients may be able to file a cancer misdiagnosis claim against negligent doctors who cause additional, avoidable harm to the patient. Medical professionals such as nurses, assistants, laboratory testing personnel, and employing companies and entities may also be held legally responsible for medical negligence.

Patients who believe their cancer misdiagnosis was caused by medical negligence should consult an experienced medical negligence solicitor to discuss legal options.

Coleman Legal can help you find out if you are eligible for compensation. If you are eligible for compensation, we will fight for you while you recover, ensuring your best interests are met and that you receive the best settlement or Court Award that is fair to you in the entirety of the circumstances.

Coleman Legal LLP

84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: (1800)844104
Fax: (01) 5312727
Email: [email protected]
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Clodagh Magennis

Clodagh Magennis

Head of Client Services

[email protected]

”At Coleman Legal, excellence in customer care is paramount. We aim to meet both prospective and existing client’s needs in a professional, engaging, and friendly manner with a clear objective to give quality legal advice and reach a positive outcome.”

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