Cancer Misdiagnosis Claim

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.

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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 indicates 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.

To speak with one of our medical negligence solicitors call 1800 844 104 or complete our online enquiry form.

OVERVIEW

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.

 

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Types of Cancer Misdiagnosis

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 outcome may be poorer than if the proper treatment were provided in a timely manner.

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.

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, delayed cancer diagnosis can ultimately lead to the patient’s unnecessary death.

Failure to Diagnose 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.

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 qualification, specialization, and experience.

How do I make a Medical Negligence Claim?

Consult a Medical Negligence Claim Solicitor

It is advisable for you to speak to an experienced Medical Negligence claim Solicitors to seek legal advice as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care under the care of a medical professional, which resulted in you sustaining an injury or illness due to any acts or omissions by a medical professional.

Obtain medical records

In order for the medical negligence claims to have merit, it must be proven that the injury or illness you have sustained was caused by the negligence of the medical practitioner/professional who provided your medical treatment and care.

After the consultation with your medical negligence solicitor, your solicitor will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging in an independent expert is to establish whether there was any negligence on the part of the medical professional, and whether or not the medical professional’s negligence was the cause of your injury and illness. This independent third party will also be able to determine, in his opinion, whether the injury or illness sustained was avoidable or not, if the appropriate level of medical care had been provided.

Depending on the complexity of the injury or condition, it is oftentimes necessary to get two separate experts; one to determine the liability of the medical professional, and another to determine whether the negligence caused the injury (causation).

Medical Negligence Litigation

In the case where the independent medical expert has established 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 with a view to securing compensation for you either by way of Court Judgment, or settlement.

The person who has been injured as a result of negligence is called the ‘plaintiff’. The medical professional/hospital or other professional against whom the allegations are made is called the ‘Defendant’.

The process is as follows:

A letter of claim will be sent to the Defendant(s) setting out the allegations and injuries sustained by you. This letter invites the Defendant(s) to admit liability to you and to compensate you for the injuries sustained. If no meaningful response is received on foot of this correspondence, a personal injuries summons will be drafted by a barrister nominated by your solicitor setting out the particulars of negligence and breach of duty, and particulars of the injuries sustained. The personal injuries summons will set out the reliefs claimed by the plaintiff, which will include compensation for pain and suffering (known as General Damages), compensation for additional losses suffered; for example any expenses incurred by you as a result of the injury such as medical expenses, loss of earnings, care costs needs etc. (Known as special Damages).

The personal injuries proceedings will be issued in Court and litigation will thereby be initiated.

Depending on the complexity of the particular case, the litigation process can oftentimes take a minimum of two years to reach Hearing before a Court. This does not mean to say that the Defendant(s) will not seek to settle a claim prior to the Hearing of the action. However, it can be a lengthy process and oftentimes involves a lengthy discovery process whereby medical records and other relevant documentation is exchanged between the parties, an element of the process known as ‘Discovery’.

Your solicitor will advise you throughout the entire process, ensuring your best interests are met, and that you achieve the best outcome available in your particular case.

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Cancer misdiagnosis medical negligence may occur when the 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

How We Can Help ?

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 a 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.

Diane Treanor

Senior Solicitor 
(Medical Negligence Team)

 

 DTreanor@colemanlegal.ie
01-5313800

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Johanna Ryan

Senior Solicitor 
(Medical Negligence Team)

 

 johanna@colemanlegal.ie
01-5313800

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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.

About Coleman Legal

Our highly experienced team of medical negligence solicitors have assisted many clients in recovering maximum damages and we believe in putting the needs of our clients first.

We are committed to obtaining the best possible outcome for you and take pleasure in our sensitive approach.

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