Cancer Misdiagnosis*

The misdiagnosisis of cancer is a catastrophic, stressful and emotional time for the sufferer, their family and loved ones. Misdiagnosis and delayed diagnosis should never happen, but unfortunately they do.

People who have been improperly diagnosed or misdiagnosed are likely to undergo more stringent treatment or to have their chances of a successful outcome reduced significantly.

We have increasingly seen in our caseload clear and systemic management failures presided over by the Health Service Executive in having, particularly breast cancer diagnosed in a reasonable time frame.

A patient who is improperly diagnosed or misdiagnosed with cancer does not have an automatic right to compensation. It must be established that on the balance of probabilities that the effect of the cancer misdiagnosis resulted in a different medical outcome than otherwise would have been.

Medical Explanations


Cancer misdiagnosis or improper diagnosis can include the following areas:

  • Breast cancer
  • Ovarian cancer
  • Cancer of the cervix
  • Lung cancer
  • Prostate cancer
  • Stomach cancer
  • And other forms of cancer

Potential Causes

Many different mistakes can lead to a delay in diagnosis which may deprive patients of the chance for a cure and these may include:

  • Failure to realise the importance of a patient’s complaint
  • Failure to refer a patient to a cancer specialist
  • Failure to perform an examination which would have identified an obvious tumour
  • Failure to identify an obvious lump during examination
  • Failure to arrange mammogram, pap smear, x-rays, ultrasound, C.T. Scan or M.R.I. Scan.
  • Failure to treat a patient appropriately
  • Failure to accurately read smears
  • Failure to carry out triple assessment where best practices indicate the necessity of doing so.
  • Failure to have a biopsy performed when the physical examination results are abnormal.
  • Failure to properly evaluate biopsy or test results.
  • Misinterpreting scans or laboratory results.
  • Mistaking a tumour for an infection or diagnosing the tumour as benign
  • Failure to follow up on test results.
  • Failure to order future tests.
  • Failure to communicate a positive result to the treating clinician or G.P.
  • Failure to follow up with patient.
  • Disregarding history of sharp pains or discharge.
  • Failure to recognise common symptoms.
  • Failure to test when a patient exhibits indicative symptoms.
  • Failure to react quickly to findings.
  • Failure to recommend appropriate treatment options.
  • Failure to monitor patients with a family history of cancer.
  • Ignoring blood tests, scan or biopsy results.
  • Losing records.

Your Legal Options

Determining If You Have a Case

Our medical negligence expert solicitors work with our team of specialist medical consultants whose disciplines include oncology, radiology, pathology and other relevant disciplines.

If you feel that you have suffered medical negligence we will assist you in obtaining answers to the question – what went wrong. We will obtain your entire medical records. If we are satisfied that negligence occurred we will guide you through the process of filing suit with a view to obtaining justice and financial compensation.

In the event that death has occurred due to negligence, further compensation will be sought for all dependents of the deceased.

During the legal process we engage Senior Counsel who have extensive and vast experience in dealing with medical negligence cases and in particular cancer misdiagnosis and improper diagnosis litigation. We secure the attendance in court of all our expert witnesses and to give evidence in the case should the claim not be settled in advance.

Talk to Medical Law


Medical Success

Medical Law:   Our Priorities
As experienced solicitors, we know how to pursue these kinds of Foetal & Newborn Medical Condition claims.  We understand the needs of our clients.   We can employ the resources to be effective in complex medical negligence litigation.
Medical Law:  Our Promise to You
We are dedicated to the service of our clients from our initial consultation and case review until we reach a settlement or judgment on your behalf.   Your best interests are our priority.  If you or a loved one have suffered due to medical negligence, we want to help you by finding out, what happened, who was responsible and holding that responsible party or parties to account.

*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 Regulation 8 of S.I. 518 of 2002.

Medical Law Will:

  • Welcome and Support you
  • Listen to your Story
  • Obtain All your Medical Records
  • Obtain Independent Advice
  • Advise You on Your Legal Rights
  • Obtain Answers for You

Your Case - Tell Us

About Us is a team of experienced solicitors and medical consultants who specialise in taking on medical negligence claims.

The team is headed up by Siobhan Fahy, Solicitor.

We are all well qualified in our respective fields and have years of experience in the area of medical negligence. We seek justice and financial compensation for patients who feel that they have been the victim of medical neglect.

We recognise the dedication of those who serve in our hospitals and health service, but the reality is that our health system is so inadequate that many people find they have become victims of a particular consultant or the Health Service Executive itself. We are here to help.

Our Head Office

30 Upper Pembroke Street,
Dublin 2, Ireland

+353 (0)1 442 8007

Our Cork Office

Building 1000, City Gate
Cork, Ireland

Call us Monday-Friday, 08.30-17.30 Sat, 09.30-13.00

Our Limerick Office

Ducart Suite, Castletroy Commercial Campus, Limerick

+353 (0)61 749 002