Specialists in Cancer Misdiagnosis Compensation

Advocating for Patients to Secure Rightful Compensation for Cancer Misdiagnosis

You’re Not Alone: Obtain the Justice You Deserve for Cancer Misdiagnosis

Trust in Sweeney Solicitors to help you secure the justice and compensation you’re entitled to.

Cancer misdiagnosis can be a life-altering event, causing both emotional turmoil and physical suffering. You shouldn’t have to face this daunting experience alone; you have legal rights. At Sweeney Solicitors, we are committed to empowering you through this challenging time.

David Sweeney

Principal Solicitor

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Cancer misdiagnosis claims for compensation in Ireland are on the increase even though each year, more cases of cancer are diagnosed. Detecting cancer when it is in the early stages of development usually means that treatment methods are far more effective. However, despite advances in modern technology and medical imaging tests, the misdiagnosis of cancer is also more common.

Failure to diagnose cancer early on or even at all can result in reduced effectiveness of the usually prescribed treatments. This misdiagnosis can mean:

  • Unnecessary pain, suffering and injuries
  • Prolonging of the illness.
  • Reduced chances of recovery

The general guideline for filing a medical negligence claim is within two years from the instance of the alleged malpractice. Exceptions to this standard do exist, which can depend on various factors like the victim’s age and the date of discovery of the negligence. Below is a comprehensive breakdown of these time limits.

When the Clock Starts Ticking: Recognising the Date of Knowledge

Typically, the time limit for initiating a medical negligence lawsuit is two years minus a day from when the victim becomes aware of the alleged negligence. This “date of knowledge” encompasses the day you realise:

  • You’ve sustained an injury
  • The injury has considerable consequences
  • Medical negligence caused the injury
  • The party at fault is identifiable

Special Considerations in Ireland: Date of Discovery

It’s possible that the victim is not immediately aware that negligence has occurred. In these instances, the time frame starts two years minus a day from when the negligence is discovered. This could happen, for instance, during a follow-up medical appointment or upon reviewing medical records. Essentially, the time limit begins when you either know or should have known about the negligence.

Specifics for Minors: How Age Affects Time Limits

For individuals under 18, the rules vary. Minors can initiate a claim upon turning 18 and have two years less a day from that point to file. However, a parent or guardian can act on their behalf earlier under the “next friend rule.” Court approval is required for any settlements, which are then stored in the Accountant’s Office of the High Court until the minor turns 18.

Accommodations for Disabled Individuals

If the victim was disabled when the right to action was either accrued or discovered, they have up to two years from the time they cease to be disabled or pass away to initiate legal proceedings—regardless of the standard two-year time frame.

Time Constraints for Fatal Injuries

For wrongful acts leading to death, such as medical negligence, dependents of the deceased have the right to action. They have up to two years from the date of death or their date of knowledge to initiate the claim. Only one claim may be filed in such cases.

Advantages of Timely Action

Acting promptly on a claim is crucial. Delays can compromise the availability of witnesses and the clarity of memories, making it challenging to establish a robust case. The courts also possess the discretion to dismiss claims due to unjustifiable delays, even if filed within the relevant time frame.

Legal Proceedings: The Only Way to Pause the Timer

In the case of medical negligence, the Injuries Board does not assess claims. Hence, issuing legal proceedings is the only method to halt the running of the time limit.

By understanding these various factors, you’ll be better equipped to navigate the intricate landscape of medical negligence claims.

  • Bladder
  • Breast
  • Colon and Rectal
  • Endometrial
  • Kidney
  • Leukaemia
  • Liver
  • Lung
  • Lymphoma
  • Pancreatic
  • Skin
  • Stomach
  • Thyroid
  • Uterine

A cancer misdiagnosis can happen for several different reasons, including:

  • The incompetence of a medical practitioner who fails to recognise the signs of cancer or misinterprets cancer as a different illness.
  • False-positive or false-negative results from a faulty cancer screening.
  • MRI or CT scans fail to identify cancerous lesions if the lesions are too small to detect.
  • Laboratory errors

Medical negligence claims for misdiagnosis of cancer compensation can be grouped into the following categories:

False cancer diagnosis

An incorrect diagnosis of cancer can cause severe distress. The medical practitioner can prescribe a non-cancer patient with unnecessary cancer treatment. Alternatively, a doctor can misdiagnose cancer for a different illness. As a result, the patient does not receive the necessary, or they miss their window of opportunity for cancer treatment.

Failure to diagnose cancer

In this case, a medical practitioner fails to recognise the signs of cancer and completely fails to diagnose the patient’s cancer. This failure can lead to fatalities as the patient may not be diagnosed until the symptoms reach their peak, when it may be too late to treat cancer.

Delayed diagnosis of cancer

Late cancer diagnosis claims of cancer occur when medical professionals fail to detect the patient’s cancer at the early stages. When a diagnosis of cancer is delayed, so is the treatment. This delay can lead to future complications or an untimely death.

Why Choose Sweeney Solicitors?

Expertise You Can Trust

  • In-House Medical Negligence Screening Expert

    An internationally highly regarded and accomplished consultant trauma surgeon who works without legal experts to establish causation and liability at the early stages of every enquiry.

  • Over 13 years of experience in medical negligence cases

  • A dedicated team of legal experts

  • A track record of successful compensation claims

Compassionate Support

  • A sensitive approach to your unique situation

  • Free initial consultation to discuss your case

  • No win, no fee guarantee

Proven Results

  • Millions in compensation secured for our clients

  • 98% client satisfaction rate

  • Testimonials from mothers we’ve helped

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