Cancer negligence claims happen when patients suffer medical negligence in their cancer care. To experience a cancer misdiagnosis or treatment errors can make your cancer worse, and you may have a cancer negligence claim. 

Medical negligence is treatment by a medical professional below a standard any other professional would provide in similar circumstances. Your GP, oncologist and cancer nurse owe you a duty of care. If they breach that duty of care, causing you an injury, you may have a medical negligence compensation claim*. 

Cancer medical negligence can make your condition worse, cause unnecessary suffering and delay treatment. You can make a cancer compensation claim* for the effects of the medical negligence today and in the future. 

O’Reilly Doherty & Co. Solicitors in Dublin can make your cancer negligence compensation claim* for the effects on your life.

What is a cancer negligence compensation claim*?

A cancer negligence compensation claim* is the legal process you follow for compensation after medical negligence at any stage of your cancer journey. You could suffer a missed diagnosis, an error with cancer medications or a misdiagnosis of cancer and have a compensation claim*. 

Unfortunately, cancer is not unusual in Ireland. There are over 24,000 cases of invasive cancer diagnosed each year in Ireland, with skin cancer, bowel cancer, breast cancer and lung cancer ranking in the top five of cancer diagnoses. Around 30% of deaths in Ireland are cancer-related, which comes out to over 9,000 fatalities every year. With HSE staff shortages, long waiting lists and hospital overcrowding, there could be even more errors in cancer treatment and cancer cases going undiagnosed.

You make a cancer negligence compensation claim* against the body responsible for the medical negligence. In Ireland, the HSE can be responsible for the cancer negligence as it is often the employer of the medical professional involved. 

O’Reilly Doherty & Co. medical negligence solicitors can take your case and help you make a valid cancer negligence compensation claim*.

Common claims for cancer negligence

Common claims for cancer negligence range from the missed diagnosis of breast cancer to the failure to refer for further tests on a possible case of skin cancer. 

Cancer negligence claims can discover what happened in your case and the effects of the medical malpractice on your life. 

Cancer can affect your life today and that of your family causing a loss of income to the home and the financial pressure of extra bills. 

Common claims for cancer negligence can be:

Cancer misdiagnosis negligence claims cover cases such as liver cancer being diagnosed as a bowel issue or brain cancer as bad migraines. You make the negligence claim for a misdiagnosis of your cancer. 

A misdiagnosis of cancer can cause: 

  •       Delays in beginning treatment for cancer
  •       Cancer to spread to other parts of the body
  •       Errors in the treatment of the cancer 

O’Reilly Doherty & Co. Solicitors can help make the cancer misdiagnosis negligence claim.

Any cancer missed diagnosis negligence claims are for the missed chance to diagnose your cancer at an early stage. Early diagnosis is vital for starting the correct treatment, and delays can really affect the chances of recovery and survival. 

A missed diagnosis of cancer can happen when the GP fails to notice the early signs of cancer or does not take any medical records into account. An oncologist can miss a diagnosis of cancer by not reading the scan correctly or if there are errors by the radiologist. 

The missed cancer diagnosis affects the patient from day one and causes many issues with cancer treatment.

Cancer treatment negligence claims often come from administrative errors in not booking a follow-up oncology appointment or when the oncologist prescribes an incorrect medication. 

The correct cancer treatment is vital, and negligent medical treatment can be fatal. 

Types of cancer treatment errors:

  •       The oncology nurse administering the incorrect dose
  •       Radiation treatment when chemotherapy could be a better option
  •       Delays in getting treatment due to staff shortages 

You can make a negligent medical care claim* for the errors in cancer treatment.

Fatal cancer negligence claims are for when a patient dies due to medical malpractice with their cancer treatment. The failure to diagnose a cancer or delays in beginning cancer treatment could cause the death of the patient. 

The family and other dependents left behind may be able to make the fatal cancer negligence claim. 

Fatal cancer claims can be for: 

  •       Failure to diagnose cancer from the test results
  •       Missed diagnosis of cancer by an oncologist
  •       Wrong treatment for cancer 

O’Reilly Doherty & Co. Solicitors can help make the fatal cancer negligence claim for compensation*.

Failure to refer cancer negligence claims can come from errors by the GP, a hospital doctor or even the oncologist at the early stages of diagnosis. 

The medical professional should refer the patient for tests, treatment and a failure to refer may be medical negligence. 

Types of failure to refer cancer negligence: 

  •       Failure by the GP to refer a patient for cancer testing
  •       Failure by the oncologist to send a patient for cancer scanning
  •       Failure by the HSE to refer a patient for cancer screening 

You can make a cancer negligence compensation claim* for a failure to refer for further tests and screening.

O’Reilly Doherty & Co. Solicitors have the experience in working with medical negligence claims and can make your compensation claim* for cancer negligence.

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If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our expert solicitors.

Cervical cancer negligence

Cervical cancer negligence in Ireland has been in the news a lot over the last few years. You, or a loved one like your wife, partner, or mother, may have suffered such negligence and could have a cervical cancer compensation claim. 

Many women in Ireland suffered a misdiagnosis of their cervical cancer due to errors in the screening process. Vicky Phelan, a young mother from county Limerick, was given a clear result from her cervical cancer screening, though she was later diagnosed with cervical cancer. There were errors in reading her cervical screening test and a subsequent misdiagnosis of her cervical cancer. 

Vicky Phelan fought for and won compensation for the errors in cervical testing, including the three-year delay in telling her of the missed cancer diagnosis. 

Women in Ireland may suffer cervical cancer negligence due to:

  • Misdiagnosis of cervical cancer when reading test results
  • Missed diagnosis of cervical cancer from the test results
  • Delayed diagnosis of cervical cancer
  • A failure to refer a woman for cervical cancer screening
  • A failure to follow up on the results of a cervical cancer screening

You may take a cervical cancer negligence compensation claim against the HSE. You could have a compensation claim if there were errors before, during, and after your cervical cancer screening. 

If you have lost a loved one due to the effects of cervical cancer negligence, you can take a fatal medical negligence claim against those responsible. 

O’Reilly Doherty & Co. Solicitors deal with cervical cancer negligence claims with the dignity and understanding that comes from our many years of handling cases for the women affected.

Who is at fault for cancer negligence in Ireland?

The medical professional who missed your cancer diagnosis or made errors with your cancer treatment is at fault for cancer negligence in Ireland. You are the one who suffered, but you can make a medical negligence claim against the party responsible for the effects on your health. 

In Ireland, the HSE is responsible for the running of hospitals and for most of the cancer diagnosis and treatment centres. The HSE hires the medical staff who work in the hospitals and the administrative staff who run them. You can make a medical negligence claim for compensation* against the HSE for your cancer treatment. 

Private medical clinics may also make errors in diagnosis and in the treatment of cancer in Ireland. If you or a loved one has experienced cancer negligence at a private clinic, you may make a compensation claim* against the private healthcare provider. 

Cancer negligence can happen at any stage of your cancer journey, but you can make a compensation claim* against those responsible.

 The O’Reilly Doherty & Co. medical negligence team can handle all you cancer misdiagnosis claims.

Compensation for Cancer Negligence in Ireland

Compensation for cancer negligence is for the impact of the medical negligence on your life. You claim compensation for the medical professional’s breach of duty of care before, during and after cancer diagnosis. 

The level of compensation awarded for any type of cancer negligence differs for every claim. The effect on your life of a loss of income for several months may not be the same as on another person who suffered errors in their cancer treatment. 

In every compensation claim*, the injured party claims damages for the effects of clinical negligence on their life today and in the future. 

Damages in a cancer negligence compensation claim* are a combination of:

General Damages in a cancer negligence claim are compensation for what is known as the Loss of Amenity in your life. 

After medical negligence in your cancer diagnosis and treatment, you may have issues with personal care, in exercising, and in doing the everyday jobs you could do before the injuries. 

You claim compensation for this Loss of Amenity due to the clinical negligence. 

Special Damages in a cancer negligence compensation claim* are for the financial costs to you due to the errors when under the care of a hospital doctor, oncologist or even at the local GP surgery. 

You have been injured, and you should not be out of pocket or face substantial medical bills due to negligence by a medical professional. 

You claim the Special Damages for costs and financial losses such as Medical Bills, Loss of Income, Out of Pocket Expenses and paying for adaptions to the home and car.

O’Reilly Doherty & Co. Solicitors have the experience to be with you at every step of the medical negligence claim.

Who can make a cancer negligence claim in Ireland?

The patient who suffered cancer negligence can make a compensation claim* in Ireland. They can claim for the lack of professional care in cancer treatment or for the errors in diagnosis or testing that cause delays in beginning the correct course of cancer treatment. 

If a patient is too ill to make a cancer negligence claim, their family and dependents can make a compensation claim* on their behalf. 

The loved ones left behind due to fatal cancer negligence may also make a compensation claim* for the effects due to the loss of the patient. 

Dependents in cancer negligence claims in Ireland can be: 

  • The spouse of the victim of cancer negligence
  • A parent
  • A step-parent
  • A grandparent
  • A child
  • A step-child
  • An adult-dependent
  • Family members who relied on the patient for care and financial support
  • A sister or brother
  • A half-brother or sister

Cancer negligence claims may take time but having the right solicitor on your side can make the process easier in what can be very troubling times. 

O’Reilly Doherty & Co. Solicitors in Dublin can tell you exactly what is needed and arrange for you to see the necessary experts when making a medical negligence compensation claim*.

How long do you have to make a cancer negligence claim?

In Ireland, you have two years to make a cancer negligence claim, and the two-year limit starts from the day you discover the cancer negligence happened. 

In legal terms, the date of realising you suffered cancer negligence is known as the ‘date of discovery.’ You may discover medical negligence in your cancer treatment that happened more than two years previously. 

Cases such as this often happen when someone goes for a second opinion and discovers another oncologist missed the cancer diagnosis. The two-year limit only begins on the day they discovered the negligence, not on the day the negligence happened. 

In all medical negligence cases, starting the compensation claim* as soon as possible after you discover the negligence is best. You should get the medical evidence in place and write down what happened when it is still fresh in your memory. 

O’Reilly Doherty & Co. Solicitors can be with you when dealing with the legal issues around your cancer negligence and can help make the medical negligence compensation claim*.

Make a medical negligence claim for compensation* today

Make a medical negligence claim for compensation* today by contacting O’Reilly Doherty & Co Solicitors. We have the team in place to make your claim and get you compensation for the injuries. 

Medical negligence can be a complicated process, but with the right solicitor on your side, you can get the compensation you deserve. 

You are one who suffered medical negligence when the oncologist made a missed diagnosis of cancer, the GP failed to refer you for further tests, or the HSE hospital failed to order your cancer screening appointment. 

When a medical professional may be responsible for your below-acceptable level of clinical care, you could have a compensation claim*. 

O’Reilly Doherty & Co. Solicitors in Dublin will help make your medical negligence claim for compensation*.

Medical Negligence Claim Types